Miami Homicide Defense Lawyer
Florida Manslaughter Laws
If you were arrested for manslaughter, you need an Miami homicide attorney with the right experience to fight for your rights, your freedom, and your future. A manslaughter conviction can change your life, so get in touch with a Miami homicide lawyer from Hager & Schwartz, P.A. today.
Contact our Miami homicide attorneys at (305) 330-1360 today!
Penalties for Manslaughter in Florida
There are two forms of manslaughter – voluntary and involuntary – each with specific penalties. Sentencing for a manslaughter conviction may include:
- - Up to 15 Years in Prison
- - A $10,000 Fine
Aggravated circumstances, such as an elderly victim or prior offenses, can increase these penalties.
Manslaughter is a second-degree felony offense in Florida. A sentence may include up to 15 years in a state correctional facility. In some cases, it may be classified as a first-degree felony, but this is usually only in particular cases, such as manslaughter involving an elderly person, an EMT, peace officer or firefighter.
Protect your future and start your defense today by contacting the Miami homicide lawyers from Hager & Schwartz, P.A. at (305) 330-1360.
What is Manslaughter in Florida?
Manslaughter is defined as the unlawful killing of a human being when this is unplanned, accidental or includes no malice aforethought. For example, driving recklessly and causing an auto accident that results in the death of another driver or passenger could be qualified as manslaughter.
Florida penalties for manslaughter convictions are harsh. You could face years in a state correctional facility. Fortunately, you can find help by consulting a Miami homicide attorney as soon as possible. The Miami homicide attorneys at Hager & Schwartz, P.A. represent clients in manslaughter cases throughout Miami-Dade County, Florida. By providing aggressive representation and by acting as fierce advocates for our clients’ rights, our homicide attorneys in Miami, FL work to clear all charges and help our clients return to life as normal.
Voluntary Manslaughter vs. Involuntary Manslaughter in FL
- - Voluntary Manslaughter involves a homicide that is committed in the heat of passion, often provoked by the actions of the victim.
- - Involuntary Manslaughter is often totally unintentional. When a homicide results during the commission of a misdemeanor offense or while the perpetrator is carrying out an action that is likely to cause great injury or harm to another, this may qualify as an involuntary manslaughter charge. Vehicular manslaughter is often charged as involuntary manslaughter.
Penalties for these offenses will vary depending upon the jurisdiction as well as the exact circumstances of the case.
Falsely Accused of Manslaughter in FL?
You may have been falsely accused of manslaughter based on mistaken identity, or you may have been in the wrong place at the wrong time. Although physical evidence may point to your guilt, it could be that law enforcement conducted an unreasonable or illegal search and seizure to recover that evidence.
Florida Murder Penalties & Laws
Murder is the unlawful taking of another's life. Florida statutes enumerate three degrees of murder, each carrying severe punishments that can alter the course of a person's life forever. If you were charged with murder, your rights and future are at stake, and you need an attorney on your side who can fight toward a favorable outcome on your behalf. For the aggressive defense you need, reach out to Hager & Schwartz, P.A. as soon as possible.
Florida's Three Degrees of Murder
Various acts can result in the death of another person. Sometimes an individual deliberately causes such a result, and other times, the loss of life stems from unintentional, yet harmful behaviors. Florida recognizes these different actions by defining three degrees of murder.
The most serious type of murder is first degree. The law defines this as the unlawful killing of a human, resulting from premeditation, felony murder, or unlawful drug distribution.
Premeditation means that a person planned to kill the other.
Felony murder refers to the loss of life resulting from conduct engaged in while committing or attempting to commit a felony. The person who killed the other need not have intended to do so to be charged with first-degree murder under the felony murder provision.
The specified felonies include, but are not limited to:
Lastly, an individual can be charged with first-degree murder if the death of the other person resulted from their taking a controlled substance that was unlawfully provided to them by the defendant.
The substances listed in the statute include, but are not limited to:
- - Cocaine
- - Opium
- - Methadone
- - Fentanyl
In Florida, a person can be charged with second-degree murder if, acting with a depraved mind and showing utter disregard for human life, they engaged in imminently dangerous conduct. This differs from first-degree murder in that the alleged offender lacked premeditation.
Additionally, a person can be accused of second-degree murder if someone is killed while the alleged offender is committing or attempting to commit another felony. Unlike first-degree felony murder, the alleged offender is not the one who takes the other's life. Instead, the death is caused by someone not engaged in the other felony offense. The felonies that trigger a second-degree felony murder charge are the same as those enumerated for first-degree (with the exception of human trafficking).
Third-degree murder occurs when someone takes the life of another while committing any other offense than those enumerated in the provisions for first- and second-degree felony murder. As with second-degree murder, a person may be charged with third-degree if they acted without premeditation.
The Punishments for Murder in Florida
As mentioned before, murder convictions carry harsh penalties.
The level of charge and potential punishments for murder include the following:
- - First-degree murder: A capital felony, which carries a penalty of up to life in prison without the possibility of parole, or death
- - Second-degree murder: A first-degree felony, punishable by up to life in prison and/or a fine of up to $10,000
- - Third-degree murder: A second-degree felony, which is penalized by up to 15 years in prison and/or a fine of up to $10,000
We Know How to Handle Your Case
Being charged with murder is serious, and you need a serious Miami homicide attorney on your side, ready to challenge the prosecution. At Hager & Schwartz, P.A., we are one of the most widely recognized legal advocates for the criminally accused. Our Miami homicide defense attorneys have decades of combined experience handling cases on both sides of the courtroom. We can anticipate the State's moves and build a legal strategy to counter them. We have obtained victories for past clients and will work toward doing the same for you.
We're here to answer your questions, discuss potential outcomes, and explain your legal options. Contact us at (305) 330-1360 to speak with our Miami homicide defense lawyers.
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