Manslaughter in Florida

MANSLAUGHTER IN FLORIDA – Insights by an Experienced Orlando Attorney

What are the Elements of Manslaughter in Florida?

Manslaughter can be committed in three ways: Manslaughter by Act, Manslaughter by Procurement, and Manslaughter by Culpable Negligence.

Under Sec. 782.07, Florida Statutes, the elements of Manslaughter in Florida are:

• A person intentionally committed an act or acts that caused another person’s death;
• A person encouraged, persuaded, or caused someone else to commit an act that resulted in someone else’s death; OR
• A person caused another person’s death through culpable negligence.

Negligence simply refers to acting in an unreasonable manner or failing to take action that a reasonable person would have taken. But culpable negligence requires more than mere negligence—the State must show that the negligence was “gross and flagrant,” or demonstrated a “reckless disregard of human life,” or was otherwise egregious, according to Florida’s Standard Jury Instructions.

What are the Penalties for Manslaughter in Florida?

Manslaughter is a second-degree felony in Florida, punishable by up to 15 years of prison or probation, and a $10,000 fine.

The charge carries a severity level of 7 (or 56 points) under the Criminal Punishment Code. Then 120 points are added because of the victim’s death. Assuming there are no other aggravating circumstances, this translates to a minimum permissible sentence of 111 months (9.25 years) in prison. The judge cannot impose a lesser sentence unless special circumstances exist for what is called a “downward departure” from the minimum sentence.

How Can I Fight a Charge of Manslaughter in Florida?

Excusable Homicide

Not every homicide is a crime—sometimes accidents happen, and sometimes it would be unfair to hold someone criminally responsible for another person’s death. Sec. 782.03, Florida Statutes, describes three types of instances where homicide is considered “excusable”: (1) when the homicide is committed by accident and the defendant was acting lawfully, exercising ordinary caution, and lacking any unlawful intent; (2) when the homicide is committed by accident in the heat of passion, after a sudden and legally sufficient provocation; and (3) when the homicide is committed upon sudden combat and the defendant neither used a dangerous weapon nor acted in a cruel and unusual manner. Note that this relates only to a criminal case, as you may still be sued civilly for causing a wrongful death.

Other Potential Defenses

Here are just a few of the myriad other strategies we can use to challenge the State’s case or prove your innocence:

Motion to Suppress

One of the most common defenses is the motion to suppress, which seeks to exclude evidence that was obtained in violation of your constitutional rights.

Alibi Defense

Another potential defense is the alibi defense, where you provide evidence that you were elsewhere when the alleged crime occurred, making it impossible for you to have committed the crime.

At Leppard Law, we can use these and other strategies to challenge the State’s case or prove your innocence. Our experienced attorneys can take the steps necessary to challenge any restraining orders or charges you may currently face.

FAQs

1. What is the punishment for Manslaughter in Florida?

Manslaughter is a second-degree felony in Florida, punishable by up to 15 years of prison or probation, and a $10,000 fine.

2. What constitutes Manslaughter?

Manslaughter involves a person who intentionally committed an act or acts that caused another person’s death, encouraged, persuaded, or caused someone else to commit an act that resulted in someone else’s death, or caused another person’s death through culpable negligence.

3. Can I fight a charge of Manslaughter in Florida?

Yes, there are several defenses available to fight a charge of Manslaughter in Florida, including demonstrating that the alleged crime served a legitimate purpose or providing an alibi.

4. How can Leppard Law help me with a charge of Manslaughter?

Leppard Law can help by challenging the State’s case, proving your innocence, or moving to throw out evidence that was obtained in violation of your constitutional rights.

CONTACT US NOW TO FIGHT YOUR MANSLAUGHTER CASE

At Leppard Law: Criminal Defense Attorneys we understand that so much is at risk when you face any type of murder charge. We know that you are facing some of the most difficult times of your lives when we are needed. When you have been charged with an offense as serious as murder, an airtight case against you is needed to get a conviction. It is our job as your defense lawyers to find a reasonable doubt within the facts and present it to the minds of the jury and the judge. Prosecutors are tough, but our attorneys at Leppard Law are passionate, aggressive, and knowledgeable. We have consistently been ranked to the list of “Best Criminal Lawyers in Orlando” on Thumbtack, Yelp, and Expertise for the last seven years. 

Contact us at 407-476-4111 and schedule a no-cost consultation to take charge of your freedom.