The term “manslaughter” can refer to two distinct offenses. Acts done in a moment of passion are considered voluntary manslaughter. These are unplanned acts of violence motivated by intense emotion rather than rational thought. Clearly, these are not accidental occurrences. The absence of malice is all that’s required for involuntary manslaughter.
A person can be found guilty of the offense of involuntary manslaughter if their actions cause the death of any person, even if they had no intention of taking another person’s life.
Voluntary Manslaughter
According to Florida Statutes, a person is guilty of the offense of voluntary manslaughter in the state of Florida if they kill another person while they are under duress. This indicates that the defendant did not actively seek out a victim with the intention of ending their life; rather, the defendant acted impulsively in a perilous situation. This is not the same as murder, which requires some kind of planning beforehand.
Penalties for Voluntary Manslaughter
Someone is still killed as a result of the crime known as voluntary manslaughter, despite the fact that it is recognized as the lesser offense of a crime of passion. This indicates that the consequences will be very severe. Should you be found guilty, you will be required face the following penalties:
- There is a mandatory minimum penalty of nine and a half years, with the potential maximum of 15 years in prison.
- Fines of up to $10,000 may be imposed.
An Example of Defense for Voluntary Manslaughter
In Florida, the crime of manslaughter is taken quite seriously. If you are at risk of charges under Florida’s law for voluntary manslaughter, a strong defense is absolutely necessary to improve your prospects of receiving a lesser sentence or being acquitted entirely.
Accidental Killing
The assertion that the defendant’s conduct was not, in reality, voluntary and that the killing in question was the result of an accident is one possible defense for the crime of voluntary manslaughter. The act that resulted in the death of a person must have been carried out on purpose for there to be a case of voluntary manslaughter. In Florida, the penalty for involuntary manslaughter is less severe than the penalty for voluntary manslaughter; this is the case even though the act may have been careless; however, because there was no intent, the crime may be more appropriately charged as involuntary manslaughter. This is because there was no intention to kill the victim.
Involuntary Manslaughter
There are a variety of circumstances under which a person may be prosecuted with the crime of involuntary manslaughter. In contrast to a charge of voluntary manslaughter, which requires that someone meant to kill another person, even if it was in the middle of a passion, an involuntary manslaughter charge does not require that person to have had any such desire to hurt or kill another person.
Penalties for Involuntary Manslaughter
Someone is still killed as a result of the crime known as voluntary manslaughter. In the state of Florida, involuntary manslaughter is classified as a felony of the second degree and can result in the following penalties:
- Possible incarceration for maximum of 15 years
- Probation for maximum 15 years at the most.
- Fines of maximum $10,000 may be imposed.
Examples of Defense for Involuntary Manslaughter
- That the evidence presented by the prosecution does not provide sufficient proof for an involuntary manslaughter allegation; or you did not carry out the act in question and that the charges were brought against you in error.
- That you acted in an effort to defend yourself; That the other person’s death was a genuine accident; And that the activities you took leading up to the death were in no way careless, reckless, or intentional in any way;
Homicide Resulting from Criminal Negligence
If you are found guilty of criminally negligent homicide, you could face further charges and fines for involuntary manslaughter as well. The exact act that constitutes criminally negligent homicide is the taking of another person’s life through the operation of a vehicle, aircraft, or watercraft, whether it be a car, plane, or boat.
Do Not Hesitate to Seek the Counsel of an Experienced Attorney
As regards defending yourself against charges of manslaughter, there is no substitute for experience. A skilled criminal defense attorney has a comprehensive understanding of both the legal and factual issues presented by the case, including the common errors that law enforcement and prosecutors tend to make.
Will Hanlon, a manslaughter attorney has been representing clients in criminal matters in the west-central coastal region of Florida for many years. He is aware of the critical importance of his work to an individual who is facing the kinds of repercussions that a conviction for manslaughter may bring about. Call Hanlon Law to get your defense started off on the right foot.
Hanlon Law
210 N Pierce St
Tampa, FL 33602
(813) 228-7095
https://www.criminalattorneytampa.net
