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."

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

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.

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.