{"id":7796,"date":"2026-10-27T01:42:46","date_gmt":"2026-10-27T01:42:46","guid":{"rendered":"https:\/\/patrickwilsonlaw.com\/resources\/vehicular-homicide-defense-attorney-south-florida\/what-s-the-average-time-served-for-vehicular-manslaughter\/"},"modified":"2026-10-27T14:34:10","modified_gmt":"2026-10-27T14:34:10","slug":"what-s-the-average-time-served-for-vehicular-manslaughter","status":"publish","type":"page","link":"https:\/\/patrickwilsonlaw.com\/resources\/vehicular-homicide-defense-attorney-south-florida\/what-s-the-average-time-served-for-vehicular-manslaughter\/","title":{"rendered":"Vehicular Manslaughter Time Served in Florida: Miami Guide"},"content":{"rendered":"\n
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Vehicular Homicide Defense | Miami, FL<\/p>

Vehicular Manslaughter and Time Served in Florida: What Miami Families Need to Know<\/h1>

Patrick Wilson Law, PLLC defends people across South Florida, from Broward County to the Keys, in vehicular homicide cases. Here is how time served and custody credit work in these cases, and what to ask your lawyer early on.<\/p>

Call 786-761-1719 or schedule your free consultation<\/a><\/div>
Call 786-761-1719 or schedule your free consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Patrick David Wilson \u00b7 Published October 26, 2026<\/p>\n\n

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Florida does not have an average time served for vehicular manslaughter. The law sets sentencing ranges instead, and each case falls inside a range built from the charge, the prior record and a scoresheet. This page explains those pieces so you can understand your exposure before you decide what to do next. Patrick Wilson Law, PLLC is a Miami criminal defense firm, and Patrick David Wilson is the responsible lawyer for this page.<\/p>\n

The Short Answer: Florida Sets a Range, Not an Average<\/h2>\n

There is no single average time served for vehicular manslaughter in Florida. Sentencing works in ranges. A range has a floor, a ceiling and a scoresheet that connects the two.<\/p>\n

The statute calls the crime vehicular homicide.<\/p>\n

This page covers Florida law only. Other states use different statutes and sentencing rules, so a sentence from another state tells you little here. The sources in this area give ranges and rules, not a typical sentence.<\/p>\n\n

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If a family member is facing this charge, you don't have to work out the sentencing questions alone. Our team can review the full case file with you. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
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How Florida Classifies Vehicular Homicide<\/h2>\n

Vehicular homicide is a second-degree felony. A felony is a serious crime, and Florida ranks felonies by degree.<\/p>\n

The statute defines the offense as killing a human being, or killing an unborn child by any injury to the mother, by operating a motor vehicle in a reckless manner. The driving must be likely to cause death or great bodily harm to another person.<\/p>\n

Under Fla. Stat. \u00a7 782.071<\/a>, vehicular homicide is a first-degree felony in the situations the statute lists, and a second-degree felony otherwise. The first is when the driver knew or should have known the crash happened and did not give information and render aid as \u00a7 316.062<\/a> requires. The second is a prior conviction under the statutes the law lists.<\/p>\n

DUI manslaughter is a separate charge under \u00a7 316.193<\/a>, which covers impaired driving. Many families hear both names. The charging documents show which one applies.<\/p>\n

Statutory Maximum Penalties for a Second-Degree Felony<\/h2>\n

A second-degree felony carries a statutory maximum set by \u00a7 775.082<\/a>. That statute sets the prison ceiling for each felony degree. The fine ceiling is separate. Under [\u00a7 775.083<\/a>], a fine for a first- or second-degree felony generally cannot exceed $10,000, but a higher amount equal to double the pecuniary gain derived from the offense or double the pecuniary loss suffered by the victim may be imposed, or a higher amount specifically authorized by statute.<\/p>\n

Is the maximum the sentence? It is not a forecast for any case.<\/p>\n

The court works inside a range. The scoresheet sets the bottom, and the statutory maximum sets the top. The court can also order 120 hours of community service in a trauma center or hospital, under the supervision of a registered nurse, emergency room physician, or emergency medical technician, pursuant to a voluntary community service program run by that facility, in addition to other punishment, under \u00a7 782.071(4)<\/a>.<\/p>\n

How the Sentencing Scoresheet Affects the Sentence<\/h2>\n

The scoresheet sets the lowest permissible sentence. The method is laid out in \u00a7 921.0024<\/a>. The method is laid out in \u00a7 921.0024<\/a>.<\/p>\n

If total points are 44 or fewer, the lowest permissible sentence is a nonstate prison sanction. Fla. Stat. \u00a7 921.0024<\/a> reads: “The lowest permissible sentence is any nonstate prison sanction in which the total sentence points equals or is less than 44 points, unless the court determines within its discretion that a prison sentence, which may be up to the statutory maximums for the offenses committed, is appropriate.” The judge may still choose prison if the judge finds it appropriate.<\/p>\n

If total points exceed 44, the math changes. Subtract 28 points from the total. Then reduce what remains by 25 percent. The result is the lowest permissible sentence in prison months.<\/p>\n

Here is a hypothetical. A total of 50 points minus 28 leaves 22. Reducing 22 by 25 percent gives 16.5 months. That is arithmetic, not a forecast for any real case.<\/p>\n

The state attorney prepares the scoresheet. Defense counsel reviews it for accuracy unless the judge directs otherwise. The judge signs it. The procedures appear in Fla. R. Crim. P. 3.704<\/a>.<\/p>\n

Factors That May Affect the Sentence<\/h2>\n

Several facts change the scoresheet. These matter most in these cases.<\/p>\n