GREENACRES FL MANSLAUGHTER DEFENSE LAWYERS
WITH OFFICES IN BOCA RATON, FLORIDA
The criminal defense lawyers at Arnesen Law represent clients accused of a myriad of assault and threat-related offenses, some of which include manslaughter, murder (homicide), and felony battery. Our seasoned attorneys represent clients in jurisdictions throughout South Florida, including Greenacres, Magnolia Park, and Boynton Beach.
With a practice focused entirely on serving clients charged with criminal and DUI offenses, the lawyers at Arnesen Law have accumulated a wealth of experience, developing specifically-formulated techniques to handle these cases. In fact, the firm’s founder, Jay Arnesen, honorably retired from the police force after nearly losing his life while on duty. He now dedicates himself and his practice to ensuring that every one of his clients receives the vigorous defense they deserve.
With offices conveniently located in Boca Raton and Fort Lauderdale, Mr. Arnesen and his team are readily available to clients facing charges in all of South Florida. Contact the offices of Arnersen Law anytime at 561-419-9630. Our lawyers are always pleased to provide initial legal consultations free of charge.
“As a former police officer, I used to help prosecute these charges for the State. Now, let me use my training and experience to combat these charges for you in court.” Jay Arnesen, Esq.
Manslaughter – Florida Statutes Section 782.07
Chapter 782, Section 7 of the Florida Statutes divides manslaughter crimes into two categories: those that constitute “manslaughter” and those defined as “aggravated manslaughter.” The latter of these two classifications is considered a more serious offense, warranting more severe penalties.
The critical distinction between the two types of manslaughter pertains to the identity of the victim associated with the crime. For example, if the victim is elderly, disabled, or under the age of 18, then the defendant will be charged with an aggravated manslaughter offense, which is a first degree felony under Florida Law. A manslaughter charge will also be upgraded to aggravated manslaughter if the victim is a public servant listed in subsection (4), who is carrying out his or her obligations at the time of the offense.
It is important to note that the State must prove that the behavior of a person charged with manslaughter met one of the following criteria when he or she committed the alleged offense:
- Voluntary Manslaughter (Manslaughter by Act): an unjustified, inexcusable, and intentional act that results in the death of another person.
- Voluntary Manslaughter (Manslaughter by Procurement): the persuasion, inducement, or encouragement of another person to commit an act that results in the death of another person.
- Involuntary Manslaughter (Manslaughter by Culpable Negligence): conduct that shows reckless disregard for human life, or the safety and welfare of others, that results in the death of another person.
According to Section 782.07:
(1) The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) A person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102(3) commits aggravated manslaughter of an elderly person or disabled adult, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(2)(b) commits aggravated manslaughter of a child, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) A person who causes the death, through culpable negligence, of an officer as defined in s. 943.10(14), a firefighter as defined in s. 112.191, an emergency medical technician as defined in s. 401.23, or a paramedic as defined in s. 401.23, while the officer, firefighter, emergency medical technician, or paramedic is performing duties that are within the course of his or her employment, commits aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Manslaughter – Potential Penalties
Although typical manslaughter crimes are considered second degree felonies in Florida, those committed with a firearm or other deadly weapon constitute first degree felonies and entail further penalties, specifically a maximum prison sentence that is double that of a second degree manslaughter conviction.
First Degree Felony Manslaughter with a Firearm or Other Deadly Weapon: mandatory minimum term of 9 ¼ years in prison, maximum sentence of 30 years in prison, up to 30 years of probation, and fines not to exceed $10,000
Second Degree Felony Manslaughter: mandatory minimum term of 9 ¼ years in prison, maximum sentence of 15 years in prison, up to 15 years of probation, and fines not to exceed $10,000
Aggravated manslaughter, as described in this section, is classified as a first degree felony.
First Degree Felony Aggravated Manslaughter: mandatory minimum term of 16 ¾ years in prison, maximum sentence of life in prison, possibility of life-long parole, and fines not to exceed $10,000
Contact Our Palm Beach County Manslaughter Defense Lawyers for a Free Consultation
Manslaughter is an extremely complex charge in Florida, as the State is required to prove that the defendant has committed an act in accordance with one of the specific legal definitions detailed above. Enlisting an experienced criminal defense attorney who is well-versed in the law can give you leverage to challenge the State’s case and create a reasonable doubt that you are guilty. The lawyers at Arnesen Law can defend your rights in court in South Florida and are available any time for a free consultation. Call 561-419-9630 today.