Under Florida law, the crime of vehicular homicide is committed when a person causes the death of another person while operating a motor vehicle in a reckless manner that is likely to cause death or great bodily harm. The prosecutor must prove that the driver knowingly drove in such a way that they knew that causing death or great bodily harm was a possibility. Vehicular homicide is a second-degree felony in Florida. It carries a penalty of up to fifteen years in prison, 15 years of probation, and a $10,000 fine. Except in cases where there are grounds for a downward departure sentence, the minimum sentence is 9 ¼ years in prison.
Local 10 News reports that a man has been sentenced to 3 years in prison for an accident that killed an attorney from South Florida. On Wednesday, 28-year-old Joseph Franco took a plea deal connected to a deadly crash that killed a South Florida attorney and injured his wife and children.
The crash, which occurred in July of 2018 happened as the 34-year-old Amir Pelleg, his wife, and two children were on their way to Sunny Isles Beach. The two children suffered from serious injuries in the accident. Pelleg’s wife was in a coma for a time following the accident.
Franco pleaded guilty to vehicular homicide, possession with the intent to distribute nitrous oxide, tampering with evidence, and three counts of reckless driving. Franco was sentenced to three years in prison and five years of probation. While in court, he read an apology letter.
His attorney also released a final toxicology report that revealed Franco was not intoxicated at the time of the accident. The DUI charges had already been dropped.
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