- March 18, 2025
- Vehicular Crimes Blog in Tampa
Typically, manslaughter is considered a less egregious version of homicide. According to the laws in most states, it reflects the difference between unintentional reckless actions and intentional actions. However, that isn’t always true for all variations of these crimes. The Florida laws regarding vehicular homicide and vehicular manslaughter are an example where the difference between these crimes does not reflect a traditional understanding of the terms.
The similarities and differences between these two crimes are quite surprising in some ways. If you searched for “vehicular homicide vs. vehicular manslaughter,” the result might seem confusing. However, understanding the differences and similarities could be essential if you find yourself facing charges in Florida.
The Differences Between Vehicular Homicide and Vehicular Manslaughter
The easiest way to explain the difference between vehicular homicide and vehicular manslaughter is to note that the official name for vehicular manslaughter is DUI manslaughter. Unsurprisingly, this means that vehicular manslaughter involves driving under the influence of alcohol, while vehicular homicide does not.
Vehicular homicide is defined in the homicide chapter of the Florida Statutes. In order for you to be convicted of this crime, the state would need to show that you caused the death of another by driving in a manner that recklessly ignored the likelihood that you would cause serious harm to another person. Common examples of this type of conduct include:
- Driving at exceptionally high speeds
- Driving a vehicle at night without headlights on
- Engaging in any type of street races
- Intentionally striking another vehicle or attempting to drive them off the road.
While the final example involves intentional aggression toward another driver, most of the examples are just extremely reckless behavior. However, those behaviors are still considered vehicular homicide, because the driver should have known that such actions were likely to result in an accident that would seriously harm or kill someone, even if they never intended to hurt anyone.
Conversely, vehicular manslaughter is defined in the motor vehicle section of the Florida Statutes. Vehicular manslaughter occurs when someone driving a vehicle while under the influence of alcohol or drugs causes the death of another person. In this scenario, the state doesn’t have to prove that the driver knew that their behavior was reckless. The state needs to prove only that the driver was impaired by drugs and alcohol.
In a vehicular manslaughter case, the state usually has an easier time proving the facts of the charge, because it needs to prove only that the driver was impaired by alcohol.
One thing stands out when looking at these definitions. While the traditional definition of manslaughter involves recklessness, and the traditional definition of homicide involves intentional action, that isn’t true for these definitions. Vehicular homicide is defined as a reckless act. Conversely, the person driving while intoxicated in vehicular manslaughter may be intentionally, recklessly, or carelessly drunk, but the law doesn’t care about the why. In many ways, this flips the traditional definitions of these terms upside down.
If you are arrested for either vehicular homicide or vehicular manslaughter in Florida, you need an experienced criminal defense attorney to represent you. Contact Taracks & Associates at 813-281-2897 immediately to schedule a free consultation and case evaluation.
Similarities Between Vehicular Homicide and Vehicular Manslaughter
These two crimes are surprisingly similar in some ways, and not just in how they are named. If you are convicted of vehicular homicide, you can receive a sentence of up to 15 years in prison and a fine of up to $10,000. Similarly, you can receive the same sentence if convicted of vehicular manslaughter. Additionally, your license will be permanently revoked for a conviction of vehicular manslaughter, which means that the penalties for that crime are more severe than the penalties for the vehicular homicide, even though the names are similar.
Both crimes are considered a second-degree felony. Furthermore, for both crimes, if you are also found guilty of fleeing the scene of the accident, you can be sentenced to up to 30 years in prison.
How to Defend Yourself Against Vehicular Homicide or Vehicular Manslaughter
If you are arrested for either crime, the most important thing you can do to defend yourself is to contact a criminal defense attorney as soon as possible. Both crimes are felonies that carry very serious penalties, ones you can’t afford to face without the representation of a lawyer who gets results.
Negotiating a Plea Agreement
While negotiating a plea agreement is always a potential option, any plea agreement would probably involve sentencing more than reduction of charges. If you are willing to plead guilty to the crime, saving the cost and time of a trial, there is a good chance you can get a reduced sentence, possibly probation instead of prison time.
Challenging the Facts
There is a thin line between reckless and careless behavior. Driving 75 mph on a road with a 65 mph speed limit is careless, but it isn’t an activity that is likely to result in the serious injury or death of another. At what speed does that line get crossed? It isn’t clear, and that is the kind of thing an experienced lawyer will argue, especially if the case is close.
Conversely, if you are charged with vehicular manslaughter, your lawyer only needs to contest the claim that you were drunk. An experienced attorney can fight the results of a blood or breathalyzer test. If those results don’t exist, any charges are based on the opinion of the arresting police officer, which can also be challenged.
Contact Taracks & Associates in Florida Today
Are you facing vehicular homicide or manslaughter charges after a car accident in Florida? Protect yourself and your future by calling our law firm immediately at 813-281-2897 to schedule a free consultation.