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Orlando Manslaughter Attorney

Manslaughter is a very serious crime in the state of Florida, punished by a substantial number of years in prison. Defined as the killing of another individual by culpable negligence or intentionally committing an act that results in someone else's death (but not intentional murder), manslaughter is a violent offense that requires the experience and skill of a seasoned Orlando manslaughter attorney. At Adams, Luka, & Benton, we understand the fear and uncertainty you feel. We will work aggressively to protect your legal rights and freedom, so contact us now to begin work on your case.

There are various types and degrees of manslaughter as described below:

  • Second-degree manslaughter
  • First-degree manslaughter involving a firearm or weapon
  • First-degree manslaughter involving an elderly or disabled person
  • Aggravated manslaughter of a child, first-degree felony
  • First-degree manslaughter involving the killing of a law enforcement officer, firefighter, paramedic, or medical personnel while performing their duties

Voluntary manslaughter includes Manslaughter by Act, and Manslaughter by Procurement

Manslaughter by Act - The death of another person caused by an intentional act that was not justified or excusable.

Manslaughter by Procurement - The death of another person as a result of the defendant coercing or persuading another individual to commit an act that resulted in the death.

Involuntary Manslaughter is Manslaughter by Culpable Negligence; in other words, another person's death can be attributed to the defendant engaging in conduct that was "culpably negligent."

Defenses to Charges of Manslaughter in Florida

In every criminal case, the state must prove specific elements of the charge in order for the defendant to be found guilty. For example, with involuntary manslaughter the prosecutor must prove beyond a reasonable doubt that the defendant acted with "culpable negligence,' which means he/she engaged in reckless or wanton behavior with disregard for human life.

Criminal defense lawyers will often work to prevent the state from proving these elements, however there are other common defense strategies which may prove to be effective. Some of the defenses frequently used to defend charges of manslaughter include:

  • Alibi - the defendant was not at the crime scene
  • Identity - the state must prove that the defendant is the individual who committed the crime
  • Excusable homicide - the homicide was an accident that occurred during the heat of passion, upon sudden provocation, or while engaging in any lawful act where ordinary caution was used
  • Justifiable homicide (Justifiable use of deadly force) - it is legal to use deadly force when an individual is resisting a felony in commission on his/her property, or an attempt of the offender to murder him/her
  • Self defense
Criminal Penalties for Manslaughter in Orlando & Central Florida

The penalties a defendant will face if found guilty of manslaughter depend on whether he/she is charged with first- or second-degree manslaughter:

Second degree felony manslaughter:

  • Mandatory minimum of 9 1/4 years in prison
  • Maximum of fifteen (15) years in prison
  • Maximum of fifteen (15) years probation
  • Fines of up to $10,000

First degree felony manslaughter (using a weapon or firearm)

  • Mandatory minimum of 9 1/4 years in prison
  • Maximum of thirty (30) years in prison
  • Maximum of thirty (30) years probation
  • Fines of up to $10,000

In addition to the above sanctions, those convicted of manslaughter will have a permanent criminal record that can negatively impact employment opportunities, financial aid, housing, and more.

Contact Adams, Luka, & Benton Today

In order to fight charges of manslaughter and obtain good results, it is critical that you work with a highly qualified and committed Orlando manslaughter defense lawyer. At Adams, Luka, & Benton, we work with you to develop a solid defense strategy, seeking to have charges dismissed when possible, or to secure an acquittal should you go to trial. There are many legal options available, so take action now and call our office for a free consultation at (407) 872-0307 or (352) 787-2101.


Client Reviews
★★★★★

I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm Adams, Luka, & Benton did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of Adams, Luka, & Benton.

Earl from Mesquite
★★★★★
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECOMMEND. Marcela Giorgi
★★★★★
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
★★★★★
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink
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