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Manslaughter sounds like a pretty intense crime, what with “slaughter” in the word. In fact, it’s a common misconception that manslaughter is a worse charge than murder, when it’s actually the other way around. But even as a lesser charge than murder, manslaughter still comes with serious, life-long repercussions, which is why it’s vital to have an experienced manslaughter defense lawyer like Hanlon Law on your side. Contact us today to schedule a free consultation.
To understand what makes a situation manslaughter, we must first understand a few other words. Homicide, for example, is simply the legal term for when one person kills another, no matter how the incident took place or who was involved. This includes situations of justified homicide, such as self-defense.
Murder, on the other hand, is homicide in which one person kills another person intentionally and considers their actions ahead of time.
Manslaughter generally covers what’s left over: incidents in which the killer did not go into things planning to kill, but neither did they kill for a justifiable reason, such as self-defense.
Florida Statute 782.07 defines manslaughter as the killing of another human by one of three things: Act, Procurement, or Culpable Negligence. Each of these is further classified as either voluntary or involuntary.
The first category of manslaughter is by Act, which is considered voluntary. Manslaughter by Act occurs when you do something that causes another person’s death. You acted intentionally, but your intent was not to kill them. A good example here would be if you got into a heated argument with someone and shoved them back in anger. If they fell from your shove, hit their head, and died, you would likely be charged with voluntary manslaughter by act – while you did intend to push them, you didn’t intend for them to die as a consequence.
The next category is manslaughter by Procurement, which is also considered voluntary. Procurement is defined as “persuading, inducing, or encouraging” another person to commit an act that results in someone’s death. There are many things that may qualify as procurement, such as pressuring a friend to drive under the influence.
Lastly, we have manslaughter by Culpable Negligence, which is considered involuntary. In Culpable Negligence cases, you did not intend to cause anyone harm, but through actions deemed careless, reckless, or otherwise negligent, someone died. An example of this would be driving 120 mph on a winding country road. While you didn’t get behind the wheel intending to do anything other than drive, going that fast is considered reckless, negligent behavior, and if you kill someone, you may be charged with manslaughter by Culpable Negligence.
Manslaughter is generally a second-degree felony, which is punishable by up to 15 years in prison, along with some hefty fines. However, there are a variety of extenuating circumstances (called “aggravating factors”) that can lead to a more extreme sentence.
For example, there are multiple people groups the state considers entitled to increased protection. This includes the elderly, disabled, and children under 18, and also extends to law enforcement officers, firemen, EMTs, or paramedics actively performing job-related duties at the time of the killing. Killing someone in any of these groups can lead to a higher charge of first-degree felony, for which the maximum sentence is 30 years in prison (or 30 years probation) and a $10,000 fine.
Another aggravating factor is the use of a firearm. Manslaughter with a firearm is also considered a first-degree felony with a minimum sentence of 11 years and 6 months in prison up to 30 years in prison (or 30 years probation), and a $10,000 fine.
The use of a weapon that does not qualify as a firearm is another aggravating factor, the sentence for which is a minimum 10 years and 4 months in prison, with a maximum 30 years.
The best defense against a manslaughter charge depends heavily on what kind of manslaughter the prosecution is claiming. That’s why it’s so important to have an experienced defense attorney to help you navigate the entire process. At Hanlon Law, we offer nearly two decades in the courtroom. We’ll take advantage of every opportunity to advocate on your behalf, and coordinate an aggressive defense strategy to help you secure the best possible outcome. If you’ve been charged with manslaughter, don’t wait. Contact Hanlon Law today.
Manslaughter sounds like a pretty intense crime, what with “slaughter” in the word. In fact, it’s a common misconception that manslaughter is a worse charge than murder, when it’s actually the other way around. But even as a lesser charge than murder, manslaughter still comes with serious, life-long repercussions, which is why it’s vital to have an experienced manslaughter defense lawyer like Hanlon Law on your side. Contact us today to schedule a free consultation.
To understand what makes a situation manslaughter, we must first understand a few other words. Homicide, for example, is simply the legal term for when one person kills another, no matter how the incident took place or who was involved. This includes situations of justified homicide, such as self-defense.
Murder, on the other hand, is homicide in which one person kills another person intentionally and considers their actions ahead of time.
Manslaughter generally covers what’s left over: incidents in which the killer did not go into things planning to kill, but neither did they kill for a justifiable reason, such as self-defense.
Florida Statute 782.07 defines manslaughter as the killing of another human by one of three things: Act, Procurement, or Culpable Negligence. Each of these is further classified as either voluntary or involuntary.
The first category of manslaughter is by Act, which is considered voluntary. Manslaughter by Act occurs when you do something that causes another person’s death. You acted intentionally, but your intent was not to kill them. A good example here would be if you got into a heated argument with someone and shoved them back in anger. If they fell from your shove, hit their head, and died, you would likely be charged with voluntary manslaughter by act – while you did intend to push them, you didn’t intend for them to die as a consequence.
The next category is manslaughter by Procurement, which is also considered voluntary. Procurement is defined as “persuading, inducing, or encouraging” another person to commit an act that results in someone’s death. There are many things that may qualify as procurement, such as pressuring a friend to drive under the influence.
Lastly, we have manslaughter by Culpable Negligence, which is considered involuntary. In Culpable Negligence cases, you did not intend to cause anyone harm, but through actions deemed careless, reckless, or otherwise negligent, someone died. An example of this would be driving 120 mph on a winding country road. While you didn’t get behind the wheel intending to do anything other than drive, going that fast is considered reckless, negligent behavior, and if you kill someone, you may be charged with manslaughter by Culpable Negligence.
Manslaughter is generally a second-degree felony, which is punishable by up to 15 years in prison, along with some hefty fines. However, there are a variety of extenuating circumstances (called “aggravating factors”) that can lead to a more extreme sentence.
For example, there are multiple people groups the state considers entitled to increased protection. This includes the elderly, disabled, and children under 18, and also extends to law enforcement officers, firemen, EMTs, or paramedics actively performing job-related duties at the time of the killing. Killing someone in any of these groups can lead to a higher charge of first-degree felony, for which the maximum sentence is 30 years in prison (or 30 years probation) and a $10,000 fine.
Another aggravating factor is the use of a firearm. Manslaughter with a firearm is also considered a first-degree felony with a minimum sentence of 11 years and 6 months in prison up to 30 years in prison (or 30 years probation), and a $10,000 fine.
The use of a weapon that does not qualify as a firearm is another aggravating factor, the sentence for which is a minimum 10 years and 4 months in prison, with a maximum 30 years.
The best defense against a manslaughter charge depends heavily on what kind of manslaughter the prosecution is claiming. That’s why it’s so important to have an experienced defense attorney to help you navigate the entire process. At Hanlon Law, we offer nearly two decades in the courtroom. We’ll take advantage of every opportunity to advocate on your behalf, and coordinate an aggressive defense strategy to help you secure the best possible outcome. If you’ve been charged with manslaughter, don’t wait.
Contact Hanlon Law today.
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