DeLand DUI Manslaughter Defense Attorney
Manslaughter is often considered the act of killing someone by accident. This definition is somewhat true, but it doesn’t tell the whole story. If, for instance, something sharp slips from your hand, killing someone on the floor below you, that is not a case of manslaughter. Manslaughter involves doing something inherently dangerous or negligent, resulting in someone else’s death.
Driving under the influence (DUI) of drugs or alcohol is an inherently dangerous, illegal act. If a drunk driver kills someone, that driver can be arrested for DUI manslaughter.
Our team is dedicated to defending the residents of Volusia County and its surrounding areas. With over three decades of experience, we have the skill and determination to fight your charges in court. We treat our clients with care and compassion, free of judgment or reprimand.
For an experienced defense against vehicular DUI manslaughter charges in DeLand, call Buckmaster & Ellzey today at (888) 785-6548.
Voluntary and Involuntary Manslaughter
Remember, manslaughter goes beyond an accidental death. The crime involves taking an illegal risk, killing someone in the process.
Involuntary manslaughter results from grossly negligent behavior. Imagine, for instance, someone firing an arrow into the dark, striking a passerby, and killing them. The shooter isn’t aiming for this person, and they have no intent to harm anyone, but their behavior can result in a manslaughter charge.
Voluntary manslaughter is a bit of a misleading term. The “voluntary” part of the phrase refers to the intent to harm. For example, say two people get into a fistfight, and one beats the other to death. The survivor could be charged with involuntary manslaughter. Their intent is not to kill, but they still voluntarily visited harm upon the victim.
Florida has a special category for vehicular manslaughter, or killing someone through negligent driving behavior. If a drunk driver kills someone, that is a form of vehicular manslaughter.
Vehicular manslaughter is a second-degree felony in Florida. It is punishable by up to 15 years in prison with fines as high as $10,000.
Special DUI Vehicular Manslaughter Penalties
Generally, a DUI manslaughter bears the same penalties as standard vehicular manslaughter, up to 15 years in prison with fines up to $10,000.
However, special circumstances can make drunk driving manslaughter more severe. If the alleged offender refuses to give up their personal information, or if they neglected to provide aid to the victim, the crime becomes a first-degree felony. This is the highest level of crime in Florida. It is penalized by up to 30 years in prison with fines up to $10,000.
As with any other DUI crime, there are other potential penalties you could endure. You may be ordered to attend treatment and other educational courses, usually at your own expense. Your license could be suspended or revoked, and you may be forced to install an IID (ignition interlock device) on your car. Furthermore, your car could be impounded.
Our Firm Is Here to Help
At Buckmaster & Ellzey, we believe you are innocent until proven guilty. Our job is to help you preserve that innocence. One of our founding attorneys is an experienced former prosecutor, so we know how facts can be twisted to make you look guilty. We’re aware that these tricks enhance the charges against you, and we are prepared to fight back.
Through rigorous investigation, we can break down the facts of your case. If we find any evidence of police impropriety, we may be able to use it to have your case dismissed. Moreover, we will scrutinize the evidence against you. Field sobriety tests and breathalyzers are often unreliable evidence, as are an officer’s direct observations. Even hard evidence like a blood test can be tainted. If there is a flimsy case against you, we will work hard to break it apart.
For a skilled, experienced defense against DUI manslaughter charges in DeLand, call (888) 785-6548 today for a free consultation. You may also contact us online.
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Q: If I’ve Been Arrested, What Rights Do I Have?A: In our country, being arrested does not deprive you of the many rights you have as a citizen. When you were arrested, you should have been informed of your Miranda Rights. You may ask the police officer why you are being arrested and can refuse to answer questions regarding the charges. You have the right to an attorney and the right to a fair and speedy trial. Using a qualified and experienced Daytona Beach criminal defense attorney will work to your advantage in ensuring your rights are protected.
Why Should I Hire an Attorney to Represent Me?
In the case of Buckmaster & Ellzey, we have prosecuted thousands of cases as an Assistant State Attorney. On the side of criminal defense, we have defended hundreds of individuals, such as you, that have faced charges for criminal offenses. Having served on both sides gives us a unique opportunity to fight for our clients.
We understand how prosecutors operate, the types of evidence that they will bring forth and what arguments they are likely to pursue in a criminal case. This first-hand knowledge allows us to better prepare and successfully resolve cases.
What Are the Differences Between a Misdemeanor and a Felony?Generally, misdemeanors are considered minor offenses. The fines for them will be relatively small and any time spent in jail will be in terms of weeks or months, not years. A felony conviction can result in steep fines, probation, parole and prison sentences for years. They can remain on your permanent record and may adversely affect future educational and employment opportunities. With the assistance of an attorney who is willing to aggressively defend your rights, felony charges can sometimes be reduced to misdemeanors.
What Happens Now That I’ve Been Charged With an Offense?The first step will be what is known as an arraignment. A judge will tell you the charges against you and there are many decisions that will need to be made at this time, such as how you will plea to the charges, what bail will be set at and others. We understand that facing criminal charges can be tough and would like you to take advantage of our experience to help you successfully navigate through the criminal justice system.
How Are Child Support and Alimony Calculated in Florida?If you are going through a divorce, you may be concerned about how much child support or alimony you can receive or will be expected to pay. Alimony is ordered to ensure that both spouses have an equal opportunity of maintaining the same standard of living they enjoyed during the marriage. The higher-earning spouse makes payments to the lower-earning spouse. The amount of the payment is determined based on one party’s need and the other party’s ability to pay. This involves the consideration of a variety of factors, including the length of the marriage, each party’s contribution to the marriage, and the ability of the unemployed spouse to obtain work. Child support, on the other hand, is determined based on Florida’s statutory guidelines. To calculate a child support payment, the court considers the total income of both parties, minus any deductions. The child support order is ultimately determined by what amount is needed to cover the child’s basic living expenses, including food, shelter, childcare, education, and healthcare.
Well-Versed in the Legal Process and Protocols
“He is well-versed in the legal process and protocols. Fortunately, the criminal complaint made against me was frivolous and without merit. Even so, I was able to sleep much better knowing that Jeremy was in my corner.”
They Had My Back
“Not every case works in your favor but knowing you have the right attorney to fight on your behalf is vital. Thankfully having Buckmaster & Ellzey have my back was a success.”
Diligently and Highly Professionally
“Mr. Buckmaster was thorough in explaining legal jargon and procedures that were very alien to me. He was able to suggest my best courses of action and get my charges to a more manageable place so I could have a shot at a good future in society.”
Professional & Responsive
“They were knowledgeable, prompt, professional, and courteous. They took what could be a potentially confusing situation and guided me with stress-free assistance.”
Gets the Best Results
“Jeremy worked hard and smart to get only the best results. Another thing that stood out and was most appreciated was the excellent communication, by phone, email, regular mail, and in person. I always knew what was going on in a timely and efficient manner”
A Team of Compassionate Advocates on Your Side
Former State Prosecutor
40+ Years of Collective Experience