Florida criminal charge
Vehicular homicide in Florida
Vehicular homicide is a criminal offense under Florida law, defined by Fla. Stat. § 782.071. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 782.071.
What is the penalty for vehicular homicide in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 15 years (Vehicular homicide (base offense) — Applies to vehicular homicide generally, absent the aggravating circumstances described in paragraphs (b) and (c).) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Vehicular homicide (base offense) — Applies to vehicular homicide generally, absent the aggravating circumstances described in paragraphs (b) and (c).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 30 years (Vehicular homicide — failure to render aid/give information (hit and run) — Applies if, at the time of the accident, the person knew or should have known the accident occurred and failed to give information and render aid as required by s. 316.062, regardless of whether the person knew the accident resulted in injury or death.; when specifically provided by statute, a term of years not exceeding life imprisonment (s. 775.082(3)(b)1.)) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Vehicular homicide — failure to render aid/give information (hit and run) — Applies if, at the time of the accident, the person knew or should have known the accident occurred and failed to give information and render aid as required by s. 316.062, regardless of whether the person knew the accident resulted in injury or death.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 30 years (Vehicular homicide — prior conviction — Applies if the person has a prior conviction under this section, s. 316.193(3)(c)3., s. 327.35(3)(a)3.c., or s. 782.072.; when specifically provided by statute, a term of years not exceeding life imprisonment (s. 775.082(3)(b)1.)) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Vehicular homicide — prior conviction — Applies if the person has a prior conviction under this section, s. 316.193(3)(c)3., s. 327.35(3)(a)3.c., or s. 782.072.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is vehicular homicide classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Vehicular homicide (base offense) | Felony of the Second Degree | Applies to vehicular homicide generally, absent the aggravating circumstances described in paragraphs (b) and (c). | Fla. Stat. § 782.071(1)(a) |
| Vehicular homicide — failure to render aid/give information (hit and run) | Felony of the First Degree | Applies if, at the time of the accident, the person knew or should have known the accident occurred and failed to give information and render aid as required by s. 316.062, regardless of whether the person knew the accident resulted in injury or death. | Fla. Stat. § 782.071(1)(b) |
| Vehicular homicide — prior conviction | Felony of the First Degree | Applies if the person has a prior conviction under this section, s. 316.193(3)(c)3., s. 327.35(3)(a)3.c., or s. 782.072. | Fla. Stat. § 782.071(1)(c) |
Common questions about vehicular homicide in Florida
Is vehicular homicide a felony or a misdemeanor in Florida?
It depends on the circumstances: vehicular homicide ranges from a Felony of the Second Degree to a Felony of the First Degree in Florida under Fla. Stat. § 782.071.
Vehicular homicide (base offense): Felony of the Second Degree (Fla. Stat. § 782.071(1)(a)) · Vehicular homicide — failure to render aid/give information (hit and run): Felony of the First Degree (Fla. Stat. § 782.071(1)(b)) · Vehicular homicide — prior conviction: Felony of the First Degree (Fla. Stat. § 782.071(1)(c))
What are the penalties for vehicular homicide in Florida?
Penalties for vehicular homicide in Florida depend on how it is classified — from a Felony of the Second Degree up to a Felony of the First Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers vehicular homicide?
Vehicular homicide is governed by Fla. Stat. § 782.071 (Vehicular homicide).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.