Manslaughter Defense

Charged with manslaughter in Florida

Manslaughter is an unlawful killing that is not murder. Many manslaughter cases involve no intent to hurt anyone at all: a fight that went wrong, a firearm accident, a child or elderly person left without care. Even so, it is a felony that can carry up to 15 years in prison, or up to 30 in its aggravated forms.

The line between manslaughter, an excusable accident, and justified self-defense is often the whole case. Chad M. Seibel is a former prosecutor who knows how the State builds that line and how to test it.

Manslaughter charges and penalties

Manslaughter (§ 782.07(1)): second-degree felony, up to 15 years in prison. A killing by the accused's act, procurement or culpable negligence, without lawful justification, that is not murder and not excusable or justifiable homicide.
Aggravated manslaughter of an elderly person or disabled adult (§ 782.07(2)): first-degree felony, up to 30 years in prison. A death caused by culpable negligence in the care of an elderly person or disabled adult.
Aggravated manslaughter of a child (§ 782.07(3)): first-degree felony, up to 30 years in prison. The death of a child caused by culpable negligence.
Aggravated manslaughter of an officer, firefighter, EMT or paramedic (§ 782.07(4)): first-degree felony, up to 30 years in prison. The death of one of these responders while performing their duties.

What the State has to prove

The State must prove the person is dead and that the death was caused by the accused's intentional act, procurement, or culpable negligence. "Culpable negligence" means much more than ordinary carelessness. It is the kind of reckless disregard for life or safety that a jury would find blameworthy. A simple mistake or bad accident is not enough.

Possible defenses

Depending on the evidence, defenses may include:

Justifiable use of force. If the accused acted lawfully in self-defense or defense of others, the killing is not a crime.
Excusable homicide. Florida law excuses some accidental killings that happen during lawful acts with ordinary caution.
Not culpable negligence. The conduct may have been careless but not criminal.
Causation. The State must prove the accused's conduct caused the death. Medical issues, other people's actions, or intervening events may break that link.
Evidence problems. Statements, searches, and forensic conclusions can all be challenged.

Frequently asked questions

What is the difference between murder and manslaughter? Murder requires premeditation, a depraved mind, or a death during certain felonies. Manslaughter covers unlawful killings without those elements, often based on culpable negligence.

Can a murder charge be reduced to manslaughter? Sometimes. Manslaughter can be a lesser offense of murder, and a jury may be instructed on it. Prosecutors may also agree to a reduced charge based on the evidence.

Is a firearm accident manslaughter? It can be charged that way, but it depends on what happened. The question is usually whether the conduct was culpably negligent or a true accident.

Talk to a defense lawyer today

If you or a family member is under investigation or has been charged, call 407-846-8008 now for a free, confidential consultation.

Attorney Chad M. Seibel, Of Counsel at Perez LaSure Law. Office in Kissimmee. Consultations and meetings available throughout Florida by appointment. Hablamos español. Atendemos em Português.