In Florida, manslaughter is the killing of a person by another person's act, procurement, or culpable negligence, without lawful justification. To state it plainly, manslaughter is a negligent act that results in another person's death. A manslaughter charge may not be as serious as a murder charge, but that does not mean that it should be taken lightly. While most manslaughter charges are the result of an accident, they can still lead to a prison sentence of up to 15 years.
Manslaughter Classifications in Florida
The state of Florida classifies murder into three separate categories based on the severity of the crime.
- Voluntary manslaughter: Committing an intentional act that was neither excusable, nor justified that resulted in the death of another person. If a defendant intended to kill the victim but did not plan the murder ahead of time, they would likely be charged with voluntary manslaughter. It differs from murder because it is typically a crime of passion involving inexcusable or unjustified actions, while murder is reserved for premeditated actions. Another form of voluntary manslaughter is manslaughter by procurement, which includes persuading or inducing a third party to commit an act intended to kill a victim.
- Involuntary manslaughter: An unintentional death caused by negligent behavior or as a result of committing a crime may be charged as involuntary manslaughter.
- Vehicular manslaughter: If a defendant unintentionally killed someone with their car, they could face a charge of vehicular or DUI manslaughter. These charges often result from drunk driving, a reckless behavior.
- Aggravated manslaughter: The most serious manslaughter offense if agrravated manslaughter, which results in the death of an eldery person, a disabled adult, a child or an officer on duty.
Florida Manslaughter Defenses
The defense an attorney decides to use for a client charged with murder will depend on what occurred during the incident that resulted in homicide. Since a murder conviction can result in life in prison or even the death penalty, it is important to use an attorney who will fight for your rights and will work to find a defense that can dismiss or reduce the charge or bring about a not guilty verdict at trial.
Some common murder defenses that can be used in Florida to dismiss or dispute the charges of the crime include:
- Self-defense. In Florida, the Stand Your Ground defense can be used in cases where the accused acted in self-defense. There must be sufficient evidence to prove that the accused was defending himself against another person during an attack where they felt threatened for their life.
- Defending another person. If the defendant was protecting another person who was in danger of death due to another person, this could be used as a defense.
- Unlawful evidence. If evidence was obtained illegally by law enforcement, your lawyer will move to have the evidence excluded from the trial.
- Lack of evidence. If there is a lack of evidence to prove that the defendant committed murder, it could create reasonable doubt in the minds of the jurors, which would prevent them from finding the defendant guilty.
- Strong alibi. If a lawyer can prove that the defendant was not at the scene of the crime and there is strong evidence to support the alibi, this can be used as a defense.
- Mistaken identity. If it can be proven that the defendant was wrongly accused due to a mistaken identity and that another person committed the crime, this is a possible defense since it can create doubt.
- Mental capacity. If it is proven that the accused was not in the required state of mind to commit intentional, premeditated murder due to mental illness, intoxication, head injury, or trauma, this can be used as a defense since the person was mentally incompetent.
In addition, murder may be considered excusable or justifiable and could be dismissed by the court for the following reasons:
- Excusable homicide. A murder may be considered an excusable homicide if the death was accidental and there is no evidence of intent or if the defendant was acting with lawful intent.
- Justifiable homicide. A murder may be justifiable if the accused believed that they or another person were in imminent danger of being killed during a home invasion or other act of violence.
Penalties for Murder in Florida
In Florida, the potential penalties for manslaughter depend on what degree of crime you are convicted of. The penalties include:
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Voluntary manslaughter: Up to 15 years in prison, up to $10,000 in fines, probation, and community service.
- Involuntary manslaughter: Up to 15 years in prison, up to $10,000 in fines, probation, and community service.
- Vehicular manslaughter: Up to 15 years in prison, up to $10,000 in fines, probation, and community service.
- Aggravated manslaughter: Up to 30 years in prison, up to 30 years of probation, and up to $10,000 in fines.
Contact a Florida Homicide Attorney
If you have been arrested and are facing charges of murder in Florida, contact an experienced Fort Lauderdale homicide attorney to help with your case. To set up a free consultation with the Law Offices of Robert David Malove, contact us online or by calling our office at 954-861-0384. For your convenience, payment plans are available.
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