Every person has a duty to act reasonably toward others. If there is a violation of that duty, without any conscious intention to harm, that violation is negligence. The defendant cannot be guilty of manslaughter by committing a merely negligent act or if the killing was either justifiable or excusable homicide.
In order to convict of manslaughter by an act, it is not necessary for the State to prove that the defendant had an intent to cause death, only an intent to commit an act that was not merely negligent, justified, or excusable and which caused death. In some cases, the prosecutor can charge manslaughter for culpable negligence that is gross and flagrant.
Florida law provides for several different types of manslaughter charges including:
If you were charged with manslaughter under Florida Statute § 782.07, contact a criminal defense attorney at Meltzer & Bell, P.A. to discuss your case. In many of these cases, the defense is focused on showing that the homicide was excusable or justified.
The attorneys at Meltzer & Bell, P.A. are experienced in representing clients in a wide range of manslaughter cases including aggravated manslaughter, DUI manslaughter, and BUI manslaughter in West Palm Beach in Palm Beach County, as well as the surrounding areas in South Florida including Fort Lauderdale in Broward County and Miami in Miami-Dade County, Florida.
Call (561) 283-3259 today.
To prove the crime of manslaughter, the State must prove the following two elements beyond a reasonable doubt:
To prove the crime of aggravated manslaughter, the prosecutor must prove the following three elements beyond a reasonable doubt:
Florida law includes a concept known as "culpable negligence." Under this concept, every person has a duty to act reasonably toward others. If there is a violation of that duty, without any conscious intention to harm, that violation is negligence.
But culpable negligence is more than a failure to use ordinary care toward others. In order for negligence to be culpable, it must be gross and flagrant. Culpable negligence is a course of conduct showing:
The negligent act or omission must have been committed with an utter disregard for the safety of others. Culpable negligence is consciously doing an act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily injury.
According to § 782.08, Fla. Stat., assisting a suicide is Manslaughter. Any person who deliberately assists another in the commission of self-murder (suicide) shall be guilty of manslaughter, a felony of the second degree. A second-degree felony is punishable by up to 15 years in Florida State Prison.
Other types of manslaughter charges include Manslaughter under § 782.07, Fla. Stat., Aggravated Manslaughter under § 782.07(2), § 782.07(3), and § 782.07(4), Fla. Stat., Boating Under the Influence (BUI) Manslaughter under § 327.35(3)(a)(b)(c)3, Fla. Stat., and Driving Under the Influence (DUI) Manslaughter under § 316.193(3)(a)(b)(c)3, Fla. Stat.
In Florida, the law recognizes different types of manslaughter crimes including involuntary manslaughter and voluntary manslaughter.
This article was last updated on Wednesday, March 21, 2018.