In Florida, the common-law rule of evidence that is applied to homicide prosecutions is known as the “year and a day rule”. This rule of evidence is a presumption that an injury is not the cause of death or that whether it is the cause cannot be discerned if the interval between the infliction of the injury and the victim’s death exceeds a year and a day, is hereby abrogated and does not apply in Florida.
Criminal Defense Attorney for Hernando County
If you are considering a qualified defense attorney, the Law Office of Ashley Aulls, P.A. can represent you in any hearing in Hernando County, Pasco County, Citris County, and Sumter County, FL.
To schedule your initial case consultation with Brooksville defense lawyer Ashley Aulls, call (352) 593-4115 today.
What is the Year-and-a-Day Rule?
The year-and-a-day rule states that if someone injured or harmed another person, and the victim died more than a year and a day after the incident, the person who caused the injury cannot be charged with murder or manslaughter.
The idea was that if a death occurred so long after the injury, it was hard to prove that the injury directly caused the death.
Some examples include:
1. Assault Leading to Long-Term Injury
- Scenario: A person gets into a fight and punches someone in the head, causing serious brain injuries. The victim goes into a coma and remains in that state for over a year. After 18 months, the victim dies due to complications from the injury.
- Under the Year and a Day Rule: If this rule were in effect, the person who threw the punch could not be charged with homicide (murder or manslaughter) because the victim died more than a year and a day after the injury.
2. Medical Complications After a Shooting
- Scenario: A person is shot and survives the initial injury but suffers from medical complications for many months. The victim later dies from an infection related to the gunshot wound, but this happened 16 months after the shooting.
- Under the Year and a Day Rule: In this case, the shooter might not face murder charges, since the death occurred beyond the one-year-and-a-day limit.
3. Vehicular Accident
- Scenario: Someone is involved in a car accident caused by a reckless driver. The victim is severely injured but survives with ongoing medical care. After a year and a half, the victim dies due to organ failure caused by the accident injuries.
- Under the Year and a Day Rule: The reckless driver would not face charges for causing the victim’s death if it happened after the one-year-and-a-day period.
DISCLAIMER
The year-and-a-day term does not mean you will not get penalized, just that the charge may not be adjudged as a homicide.
Additional Resources
- Chapter 782 Section 035 – 2011 Florida Statutes: Florida statute states the year and a day rule and how it is applied in homicide charges.
Criminal Defense Attorney for Hernando County
If you are considering a qualified defense attorney for in Brooksville, North Weeki Wachee, High Point, Hernando Beach, Hill ‘n Dale, Inverness Highlands, Sugarmill Woods, Lecanto, Wildwood, Lake Panasoffkee, or Bushnell, Florida, it is best to contact him as soon as possible after your arrest. Ashley Aulls has practiced law since 1996.
The Law Office of Ashley Aulls, P.A. can even represent you in any hearing in Hernando County, Pasco County, Citris County, and Sumter County, FL. To schedule your initial case consultation with Brooksville defense lawyer Ashley Aulls, call (352) 593-4115 today.