Manslaughter involves the death of another individual through extreme negligence. It is separate from crimes like homicide and murder in that these offenses require reckless behavior or malicious intent. In the state of Florida, manslaughter crimes are prosecuted aggressively and carry severe penalties with life-altering consequences. It may be committed in three different ways: Manslaughter by Act (Voluntary Manslaughter), Manslaughter by Procurement (Voluntary Manslaughter), and Manslaughter by Culpable Negligence (Involuntary Manslaughter). There is also another type called manslaughter with a weapon or firearm. called If you are facing related charges in Broward County or if you believe that allegations may be raised against you, immediately contact a Fort Lauderdale manslaughter defense lawyer to ensure that your rights are protected from the start.
Joffe Law, P.A. has experts available to help defend the rights of clients facing charges of manslaughter. We have defended cases successfully in both state and federal courtrooms. If you are in Broward County and believe that manslaughter allegations may be brought against you, there are a few steps to take to help ensure the best possible outcome for your individual case. The first thing you should do is retain a professional defense attorney with experience defending cases of this nature at both state and federal levels. This is the most important action you can take, as a legal representative will be able to guide you in how to proceed in order to best protect your legal rights. You may also want to try and understand how cases are usually handled and what the penalties and defenses for manslaughter crimes are in the state of Florida. Below, we have go over some of the basics and how crimes of this nature are handled in Fort Lauderdale.
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Defining manslaughter
Manslaughter falls under Florida Statute 782.07(1). It is defined as a crime that may be committed in three separate ways.
- Manslaughter by Act (Voluntary): This involves committing an intentional act that was neither excusable or justified that led to the death of another person.
- Manslaughter by procurement is when you have persuaded, induced, or encourages another person to commit an act that then resulted in the death of another person.
- Manslaughter by culpable negligence (Involuntary Manslaughter) involves engaging in behavior that is considered to be “Culpably Negligent” and resulted in the death of another person.
Crime with a weapon or firearm
Manslaughter with a Weapon or Firearm i can fall under either of the three categories, depending on the circumstances surrounding a case. This is not a specific element of manslaughter, though if a jury determines that a firearm was used in the committing of it, the crime will them be reclassified as a felony offense of the first degree and will be subject to any or all first-degree felony charges in the state of Florida.
Penalties for manslaughter
In the state of Florida, manslaughter is considered to be a serious offense with strictly imposed penalties. It’s a crime that is usually considered to be a Second Degree Felony in the state of Florida unless a weapon or firearm is involved. Penalties may include incarceration of up to fifteen (15) years in prison, monitoring by up to fifteen (15) years of probation, and a fine of up to $10,000. This fine will usually be separate from any restitution that may be owed to the family of the victim. Under Florida’s Criminal Punishment Code, manslaughter is also a Level 7 offense severity ranking. If there are no grounds for a downward departure sentence, a judge will usually sentence the defendant to at least 9 years in prison.
If manslaughter crimes involve firearms or weapons, they are more serious offenses which carry more severe penalties. In the state of Florida under the Criminal Punishment Code, this is a First Degree Felony that can be penalized by up to thirty (30) years in a state or federal prison, thirty (30) years of supervised probation, and a $10,000 fine.
If a manslaughter crime becomes a federal offense, consequences may become more severe. Federal offenses are usually charged separately than state offenses, meaning that they may carry multiple counts for the same crime. Federal crimes are subject to double jeopardy and thus are tried separately than federal crimes. Such a crime becomes a federal offense if it has been committed on federal property, if the victim was a government worker or an employee of a federal agency, if the defendant was a government worker of federal agent, if the defendant had certain military ties, or if the crime fell outside of Florida state jurisdiction. If you believe that you may be implicated in a federal manslaughter case, you’ll need to contact a manslaughter attorney who has experience and the qualifications to defend your case in federal and state courts. The attorneys at Joffe Law, P.A. have qualifications of this kind.
Possible defenses
There are many defenses that may apply to manslaughter crimes. The defenses and mitigation strategies that are available to you may vary based on the circumstances surrounding your unique case. The only legitimate way to assess what defenses are available to you will be to seek counsel from an experienced defense attorney. That being said, some of the most common defenses include excusable homicide,justifiable homicide and self defense.
Criminal defense attorneys in your corner
If you are facing manslaughter allegations of any kind, hiring a qualified defense attorney is critical. Joffe Law, P.A. is ready and willing to review your unique case and help you decide what your next move ought to be. Remember, the sooner you seek legal aid, the better the possible outcomes of your individual case will be. For that reason, contacting an experienced and knowledgeable Fort Lauderdale manslaughter defense lawyer is the best first move that anyone facing serious charges of this kind can possibly make.