Manslaughter Defense Lawyer in Pensacola, FL

What Are Manslaughter Charges in Florida?

Under Florida law, manslaughter is defined under homicide codes and is charged after someone is accused of killing another person unlawfully, without malice or premeditation. Manslaughter and murder do not have the same penalties. However, manslaughter still carries significant consequences.

Under Florida Statute 782.07, manslaughter can be charged in three ways:

What is Manslaughter by Act?

This is also known as voluntary manslaughter and involves an intentional act that results in someone’s death. Unlike murder, manslaughter by act does not include premeditation or malicious intent. For example, an altercation that escalates and leads to a fatality could fall under this category.

What is Manslaughter by Procurement?

This occurs when someone persuades, induces, or encourages another person to commit an act that leads to someone’s death. You could be accused of convincing someone to participate in a dangerous stunt could result in a manslaughter by procurement charge if someone dies.

What is Manslaughter by Culpable Negligence?

This is often referred to as involuntary manslaughter and occurs when someone’s reckless or negligent behavior results in another person’s death. Common examples include leaving a child in a hot car or causing a fatal accident through distracted driving.

What is Manslaughter with a Weapon or Firearm?

This charge is not a specific element of manslaughter. However, if it’s found that a weapon or firearm were involved with the alleged victim’s death, you could be charged with a first-degree felony.

What Are the Penalties for Manslaughter in Florida?

Manslaughter is classified as a second-degree felony in Florida, punishable by:

• Up to 15 years in prison
• Up to 15 years of probation
• Fines up to $10,000

However, the penalties increase if a weapon or firearm is involved. In these cases, manslaughter is elevated to a first-degree felony, punishable by up to 30 years in prison and fines of $10,000.

Even without enhancements, manslaughter convictions carry minimum mandatory sentences. For instance, standard manslaughter requires at least 9¼ years in prison, while manslaughter with a firearm requires at least 11½ years.

A conviction can also lead to lasting consequences, such as the loss of civil rights (like voting or owning firearms) and challenges in securing employment or housing.

What Kind of Defenses Can I Use Against Manslaughter Charges in Pensacola?

A manslaughter charge does not automatically mean conviction. Several defenses can be used to challenge the prosecution’s case:

This Was an Excusable or Justifiable Homicide

Under Florida law, a killing may be excusable if it occurs accidentally while engaging in lawful activities, during sudden provocation, or in the heat of passion. For example, if a person accidentally causes a death while acting without any unlawful intent, the charge could be dismissed.

You Were Acting in Self-Defense

Self-defense is a common defense for manslaughter charges, particularly in Florida, which has a Stand Your Ground law. If someone reasonably believes they are in imminent danger, they may use deadly force to protect themselves. This may be true in some domestic violence cases, for instance.

The Prosecution Lacks Evidence to Prove These Charges

Many manslaughter cases hinge on evidence such as witness statements, forensic findings, or law enforcement testimony. A skilled attorney can identify flaws in the prosecution’s evidence, such as mishandling evidence, illegal searches, or unreliable witnesses.

How a Pensacola Manslaughter Defense Lawyer Can Help You

Manslaughter cases are complex and require a strategic defense. An experienced lawyer can evaluate your case, uncover weaknesses in the prosecution’s arguments, and fight to protect your rights.

They Can Build a Strong Defense Strategy

Every case is unique, and your attorney will tailor a defense strategy to your specific circumstances. This may involve challenging evidence, arguing for excusable or justifiable homicide, or negotiating for reduced charges.

Your Attorney Can Investigate the Incident Thoroughly

A thorough investigation is crucial for uncovering the facts. Your lawyer will gather evidence, interview witnesses, and consult with experts to build a compelling case in your favor.

Your Lawyer Can Lead Negotiations with The Prosecutors

In some cases, it may be possible to negotiate a plea deal to reduce charges and penalties. An experienced defense lawyer knows how to navigate these negotiations to achieve the best outcome for you.

FAQs About Manslaughter Charges in Florida

What is the difference between manslaughter and murder?

Manslaughter differs from murder because it does not involve malice or premeditation. Murder is typically intentional and planned, while manslaughter results from negligence, recklessness, or a heat-of-the-moment action.

Can I be charged with manslaughter if I didn’t intend to harm anyone?

Yes, intent to harm is not always required for a manslaughter charge. For example, if someone’s negligent behavior causes a death, they could be charged with manslaughter by culpable negligence.

What are the minimum sentences for manslaughter in Florida?

The minimum mandatory sentence for standard manslaughter is 9¼ years in prison. If a weapon or firearm is involved, the minimum sentence increases to 10⅓ years or 11½ years, respectively.

Can manslaughter charges be reduced or dismissed?

Yes, a skilled defense lawyer can negotiate with prosecutors to reduce charges to lesser offenses or have them dismissed altogether, depending on the circumstances of your case.

Does Florida’s Stand Your Ground law apply to manslaughter cases?

Yes, Florida’s Stand Your Ground law may apply if you acted in self-defense and reasonably believed you were in imminent danger. This defense must be presented carefully with supporting evidence.

Why do I need a lawyer for a manslaughter charge?

Manslaughter cases involve complex legal issues, and the stakes are high. A lawyer can help you understand your rights, build a defense, and work toward the best possible outcome. Without skilled legal representation, you risk severe penalties.

Why Choose Attorney Josef Mitkevicius to Defend You

Experience in Serious Criminal Defense Cases

Attorney Josef Mitkevicius has a proven track record of defending clients facing severe charges, including Florida homicide and manslaughter cases. His experience in handling complex cases ensures you’ll receive skilled and knowledgeable representation.

Dedicated Representation Tailored to Your Needs

Every case is unique, and Attorney Mitkevicius takes the time to understand your situation and craft a personalized defense strategy. His goal is to achieve the best possible outcome for every client.

Local Knowledge of Pensacola and Florida Law

As a Pensacola-based attorney, Josef Mitkevicius understands the nuances of Florida law and has strong relationships with local courts and prosecutors. His familiarity with the local legal landscape gives his clients an advantage.

Contact Josef Mitkevicius for Your Manslaughter Defense Today

Facing a manslaughter charge is a serious matter, but you don’t have to navigate it alone. Attorney Josef Mitkevicius is here to defend your rights and fight for your future. With his experience and dedication, he will work tirelessly to achieve the best possible outcome in your case.

Call Mitkevicius Law, PLLC today for a free consultation — 850-361-2142. Let us help you take the first step toward protecting your rights and building a strong defense.