Manslaughter
Murder and manslaughter are two terms that refer to very different crimes, yet people often mistakenly use them interchangeably. Although both crimes result in the death of another person, there is a significant difference in the manner in which the act is completed.
If you or someone you care about has been arrested for manslaughter in West Palm Beach or the South Florida area, now is the time to seek legal counsel from an knowledgeable Florida manslaughter attorney who has experience with these types of crimes. Manslaughter Attorney Brian Gabriel has crafted effective defense strategies to safeguard the rights of his clients in Florida for over 30 years.
How Does The State Of Florida Define The Crime Of Manslaughter?
By definition, manslaughter is the unlawful killing of another person without malice aforethought. This means manslaughter is typically the result of an accident, heat of passion, or another act in which the defendant has not committed murder. Manslaughter is one of the few crimes that must be committed without intention.
While Florida Statute 782.07 does not differentiate between the varieties of manslaughter, there are three types: voluntary, involuntary, and aggravated. Here’s what you should know about each:
Voluntary Manslaughter
Voluntary manslaughter is a “heat of passion” crime in which a person who is strongly provoked kills in the heat of passion. Although it is an intentional murder, because it is not premeditated, it is considered less blameworthy than a murder.
In order for a killing to be categorized as voluntary manslaughter rather than murder, there cannot be time between the provocation and the murder, as the court could see this as time in which the defendant could have reflected upon the incident.
Another type of voluntary manslaughter is when a person persuades, induces, or encourages another to commit an act that results in the death of another person. Again, the killing itself must not be preplanned, or else it would constitute murder.
Florida classifies voluntary manslaughter as a second-degree felony offense for which a person may face up to 15 years in prison and a fine of up to $10,000.
Involuntary Manslaughter
Involuntary manslaughter, also known as manslaughter by culpable negligence, is when someone engages in malicious or reckless behavior with complete disregard for human life, and thus results in a loss of life. This is an unintentional homicide that results from criminally reckless or grossly negligent conduct.
DUI manslaughter occurs when a person under the influence of drugs or alcohol kills another person unintentionally while driving. Like other manslaughter crimes in Florida, DUI manslaughter is a second-degree felony offense, which could mean spending up to 15 years in prison and paying a heavy fine.
Aggravated Manslaughter
A voluntary or involuntary manslaughter charge can be amplified to aggravated manslaughter if the crime involved the use of a weapon or if the victim was a:
- Person aged 65 or older
- Child under the age of 18
- Disabled adult
- Police officer
- Firefighter
- Emergency medical technician (EMT)
- Paramedic
Anyone charged with aggravated manslaughter in Florida will face a first-degree felony charge, punishable by up to 30 years in state prison.
Hire a Skilled Criminal Defense Attorney to Contest a Manslaughter Charge in Florida
When you partner with a skilled Florida manslaughter lawyer, they can employ various strategies to mitigate your charges. Depending on the circumstances surrounding your case, your Florida manslaughter lawyer might be able to convince the court that you were not at the scene, that your identity has been mistaken, or that the crime was justifiable – such as in self-defense.
With over three decades of experience fighting for the rights of people accused of violent and nonviolent crimes, Florida manslaughter Attorney Brian Gabriel has the experience to keep your rights and interests protected throughout the process, from beginning to end. You can count on Mr. Gabriel to handle your Florida manslaughter case using all of the knowledge and skill he has developed over the span of his 30+ year career.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.
