Facing a Vehicular Homicide Charge in Florida? Start With the Facts.

Vehicular homicide is a second-degree felony in Florida. The maximum sentence for vehicular homicide in Florida is 15 years in state prison and a fine of up to $10,000. Those are limits set by law, not a forecast of any sentence. Here’s how the maximum works and what can change it.

The Short Answer: Up to 15 Years in Prison and a Fine of Up to $10,000

Penalties for vehicular homicide in Florida depend on the facts of each case and the specific charges filed, so anyone facing this charge should review their potential exposure with an attorney. The offense is a second-degree felony under Fla. Stat. § 782.071. The fine cap comes from Fla. Stat. § 775.083, which sets $10,000 for a felony of the first or second degree.

Think of these numbers as the most the law allows. They are not the sentence a particular person will receive. A judge sets the actual sentence within the legal range, and the facts of the case shape that choice.

How Florida Law Defines Vehicular Homicide Under F.S. 782.071

Vehicular homicide is the killing of a human being caused by operating a motor vehicle in a reckless manner likely to cause death or great bodily harm. The focus is on how the vehicle was driven. It is not only about whether the driver had been drinking.

DUI charges work differently. Impairment is the core of Fla. Stat. § 316.193, which covers driving when normal faculties are impaired.

Under the statute, the offense is raised to a first-degree felony when the driver fails to give information or render aid after a crash. This ground applies when the driver knew or should have known a crash occurred and did not give information or render aid. A first-degree grade can carry up to 30 years in prison. Knowledge of injury or death is not required for this ground.

Many people assume the charge turns on the crash alone. The grade can turn on what the driver did after it. For the full picture, see our vehicular homicide defense page.

How the Maximum Applies When There Is More Than One Count or Victim

When a judge sentences on several counts, the sentences can run at the same time or one after another. The court may impose concurrent or consecutive sentences.

Concurrent means served together. Consecutive means one after the other. Consecutive sentences can push total time past 15 years.

Restitution is a separate order. Under Fla. Stat. § 775.089, the court shall order restitution for losses caused directly or indirectly by the offense. For a death, the defendant must also pay the cost of necessary funeral and related services. Restitution is paid in addition to any prison time or fine.

The court may also order 120 community service hours in a trauma center, in addition to other punishment, under Fla. Stat. § 782.071.

Why the Statutory Maximum Is Not the Same as the Expected Sentence

The judge’s sentence is set through a Criminal Punishment Code scoresheet. Under Fla. R. Crim. P. 3.704, one or more scoresheets must be prepared for each offender. They cover all offenses pending before the court at sentencing.

The lowest permissible sentence is the minimum a trial judge may impose without a valid reason to depart. Above 44 points, the court uses a set formula to find the lowest prison term.

Defense counsel reviews the scoresheet for accuracy in all cases, unless the judge directs otherwise. That review is a real step in the process, and the same statute requires it.

Prior record and injuries to victims both feed into the points. So when someone asks how long a person goes to jail for vehicular homicide, there is no single number. The answer depends on the scoresheet, the prior record and the facts of the crash.

How Vehicular Homicide Compares to DUI Manslaughter and Leaving the Scene

DUI manslaughter carries a mandatory minimum of 4 years in prison. DUI manslaughter is a second-degree felony in Florida.

The charges rest on different bases. DUI manslaughter turns on impairment. Vehicular homicide turns on reckless driving. Both can arise from one crash, so each charge and its penalty need separate review.

Leaving the scene of a fatal crash brings its own penalties. Leaving the scene of a crash can be charged as a felony, depending on the facts of the case. When a leaving-the-scene crash causes a death, the offense is a first-degree felony with a mandatory minimum term of 4 years, though the court may depart under s. 316.027(2)(g) unless the driver was under the influence (s. 316.027(2)(c)). A departure from that minimum is limited, and it is not available when the driver was under the influence.

Each charge stands on its own. A single crash can lead to more than one of them.

What Happens Next If a Loved One Has Been Charged

If someone you love has just been charged, the next few days can feel overwhelming. A crash has happened, a life has been lost, and now a family member faces a felony case.

Early choices can matter. What is said to police, what paperwork is kept, and when a lawyer gets involved can all shape what comes next.

Patrick Wilson Law, PLLC is a criminal defense practice in Miami, Florida. It focuses on vehicular homicide, DUI and related felony defense for clients across Miami-Dade County, Broward County and the Florida Keys. Patrick David Wilson is the lawyer responsible for this page, and our team supports the practice’s day-to-day work.

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