Orlando Manslaughter Defense Lawyer
When another person is killed as a result of criminal activity, it is not something that is taken lightly. The most commonly known type of homicide crime is murder, but manslaughter is another homicide offense that carries extreme penalties. It is important to know exactly what manslaughter is and what could happen to someone who is found guilty of committing manslaughter. In the state of Florida, manslaughter is defined as the killing of another person through your actions, procurement, or culpable negligence without any lawful justification, such as self-defense. A person can be charged with manslaughter if there is sufficient evidence to prove that the death of another person was directly caused by the accused individual’s recklessness, failure to act appropriately, or intentional misconduct.
Depending on certain different factors, a person can be charged with either voluntary or involuntary manslaughter. Both voluntary and involuntary manslaughter are considered to be felony offenses. Because of the violent, felonious nature of manslaughter crimes, the penalties are some of the most severe in the state and can make the rest of a person’s life unfathomably difficult. With so much at stake, if you are found guilty of manslaughter, it is crucial for you not to delay speaking with an experienced criminal defense attorney in Orlando who will work fervently to prove your innocence.
Voluntary Manslaughter vs. Involuntary Manslaughter
A person can be charged with voluntary manslaughter if there is evidence to show that they had intended to kill the victim, but did not have malice aforethought. Someone may also be charged with voluntary manslaughter if it can be proven that they encouraged or persuaded someone else to act in a way that resulted in the death of another person. This is what is also referred to as manslaughter by procurement. On the other hand, involuntary manslaughter occurs when an alleged offender did not have an intent to harm the victim, but they were acting with such culpable negligence that the victim died as a result.
Penalties for Manslaughter in Florida
Because manslaughter is a violent felony crime that results in the loss of another human being’s life, prosecutors take it extremely seriously and seek to impose very strict penalties. Some of the penalties for standard, or non-aggravated, manslaughter (a second-degree felony) can include a sentence of fifteen (15) years in prison, astronomical monetary fines, suspension/revocation of driving privileges, community service, probation, parole, and even more. If someone is convicted of committing aggravated manslaughter (a first-degree felony), penalties could include thirty (30) years in prison, thirty (30) years of probation, and up to $10,000 in monetary fines.
How a Felony Conviction Can Impact Your Life
Besides the severe penalties imposed by the criminal justice system, having a permanent record of being a convicted felon, especially in Florida, can cause massive damage to your future, your family, and much more. Consequences can stick around long after any prison time is served, probation is completed, and fines are fully paid. With certain rights stripped away, anyone who has a felony conviction on their record could struggle to move forward with their lives and accomplish certain goals. Some of the ways being a convicted felon can change your life include, but are absolutely not limited to:
- Losing your right to vote
- Being unable to obtain certain professional licenses
- Getting denied financial aid for higher education
- Not being able to rent or own a home or apartment
- Being turned down by certain employers
What is Aggravated Manslaughter?
There are certain groups of people that the state of Florida considers to be entitled to extra protection from violent crimes. This can be either because they are especially vulnerable or because they play certain roles in society that make them more susceptible to being victims of violent crimes. If the victim of a manslaughter incident belongs to one or more of these groups, the charges rise to aggravated manslaughter. A few of these specially protected groups of people include:
- Elderly people
- People with disabilities
- Minor children
- Law enforcement officers
- Emergency medical technicians
Manslaughter with a Weapon or a Firearm
Manslaughter with a weapon or a firearm is a first-degree felony in the state of Florida. It is categorized as a Level 8 offense under Florida’s Criminal Punishment Code. Some of the possible penalties for this type of manslaughter are up to thirty (30) years in prison, up to thirty (30) years of probation, and monetary fines as high as $10,000.
Possible Defenses to Manslaughter Charges
One of the key benefits of hiring an attorney who has experience handling manslaughter cases is that they will be able to figure out what defenses are best suited to your particular case. This is an enormous advantage to you and increases the likelihood that the charges can be reduced or dropped altogether. You will be less likely to be sentenced to the most stringent possible punishments. Some defenses to manslaughter include:
- Excusable homicide
- Justifiable Homicide
Excusable Homicide Defense
The killing of another human being is deemed excusable, and therefore lawful, under any one of these following circumstances:
- The killing was committed by accident and misfortune in carrying out any lawful act in a lawful way, using regular caution and lacking any criminal intent
- The killing took place by accident and misfortune, in the “heat of passion”, or due to sudden and substantial provocation
- The killing occurred by accident and misfortune from a spontaneous altercation, not involving any type of deadly weapon, and the killing was not done in a cruel and unusual manner
Justifiable Homicide Defense
The killing of another human being is considered to be justified and lawful if it was done while resisting an attempt by another person to kill you or commit another felony against you.
Self-defense is also referred to as the justified use of deadly force. This defense can be used in situations where you used deadly force solely as a means of defending yourself.
Attorney Rahul Y. Parikh is Dedicated to Your Defense
There is so much at risk if you or a loved one have been arrested on these types of charges. It may seem tempting to try and defend yourself against the charges you are facing, but it is, unfortunately, not the most sound decision you can make. Judges, law enforcement officers, prosecutors, and other various members of the criminal justice system carry a surmountable advantage in the courtroom. This is because of their many years of legal education, as well as their experience.
Attorney Parikh brings to the table his many years of experience, training, and passion for helping those who have been accused of serious crimes, such as manslaughter. Attorney Rahul Parikh has made it his mission in life to seek justice for those who put their lives in his hands. He has demonstrated and continues to demonstrate, his genuine concern for his clients by going above and beyond to defend their rights to the absolute fullest. All of us at Parikh Law, P.A. are here to help you through this time in your life and would be honored to advocate on your behalf. Contact us today to schedule your free and confidential consultation.