What is Proximate Cause in Florida Criminal Law?

April 21, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In both civil and criminal law, the concept of “proximate cause” is an important one. Proximate cause is typically defined as the underlying – or but-for – cause of a particular negative outcome. In other words, it is the act that is mostly or entirely responsible for what occurred. 

Florida criminal law uses two “proximate cause” tests, depending on the crime charged. This blog will explain when someone can be found to be the proximate cause of a death, injury, or other undesirable result in Florida for the purposes of charging them with a criminal offense.

The most common understanding of proximate cause is the idea of “but-for” cause. This is a well-established rule in both the civil and criminal context. Generally, if someone’s actions were not at least “50 plus 1 percent” responsible for the death, injury, or other prohibited result, they can’t be charged with a crime.

For someone to be considered a but-for cause in a criminal context, a few important issues must be considered. These include:

• Foreseeability: Someone’s actions must have made the resulting harm foreseeable. If the result was an unexpected or bizarre outcome, the defendant may not be responsible.

• Directness: There should be a direct link between someone’s conduct and the harm that occurred. For instance, if the harm was caused by an event that was not a direct result of the defendant’s actions, proximate cause may not be established.
• Intervening Causes: If a third party’s action breaks the chain of causation, it may relieve a defendant of liability. However, if the intervening cause was itself foreseeable, proximate cause may still apply.

But just because there are intervening (other) causes, does not mean someone’s act cannot still be considered the proximate cause. If someone sets a house on fire – and unpredictable winds blow the flames onto another house, which also burns – that person can be prosecuted for the damage his act caused to both houses. This is because he was the “but-for” cause of the fire.

Under certain circumstances, there is another test for proximate cause – the substantial factor test. The substantial factor test is relevant in cases where each defendant’s actions could have produced the injury on its own, but multiple independent actions contributed to the harm.

For example, if two individuals fatally shoot another at the same time, both may face murder charges under the “substantial factor” test of proximate cause. This is because it is impossible to say which of the alleged shooters definitively caused the death. However, it is understood that their independent actions combined to produce the same undesired result. Stahl v. Metropolitan Dade County, 438 So.2d 14 (Fla 3rd DCA 1983); Velazquez v. State, 561 So.2d 347 (Fla 3rd DCA 1990). 

When applying the substantial factor test, the defendant’s conduct does not need to be the only cause of the harm. A significant contributing factor may be considered a substantial factor. But the defendant’s actions must still be closely linked to the result – otherwise, it is not a substantial factor.

For example, someone cannot face vehicular homicide charges if a car fifty vehicles behind them in traffic is involved in a fatal accident. Although a small change in the speed of the car in front might have helped the car far behind avoid the accident, this connection is too distant to be considered a substantial factor in the fatal crash. This therefore precludes charges against the driver of the first vehicle.

Examples of when the substantial factor test may apply include:

• A stabs C with a knife, and B fractures C’s skull with a rock – either wound would be fatal, and C dies from the effects of both 
• Someone sets a fire, which merges with a fire from some other source; the combined fires burn the plaintiff’s property, but either one would have done it alone

In sum, someone must typically be the “but-for” (majority) cause of a prohibited result to face criminal charges. But sometimes, a person may face charges if their conduct was a “substantial factor” in bringing about the result – even if they were not mostly or entirely responsible.

If someone is charged in a case where they are concerned about whether they were the proximate cause of the result, it is critical to seek out experienced and trusted legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to hefty fines and prison time. 

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Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the experienced criminal defense attorneys at Pumphrey Law have decades of experience fighting on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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