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Manslaughter

Orlando Manslaughter Defense Lawyer

Orlando Manslaughter Defense AttorneyIf you or someone you know has been arrested for manslaughter, you need to speak with an experienced and aggressive defense attorney immediately to preserve your rights and give the attorney as much time as possible to investigate the charges.

Manslaughter is the killing of another by intentional act (not intentionally killing the other person, but intentionally committing the act which results in another’s death) or by culpable negligence.

Types of Manslaughter

Manslaughter is a very serious charge. There are different types and degrees of manslaughter that someone can be accused of. They are as follows:

  • Manslaughter is a second degree felony punishable by up to 15 years in prison.
  • Manslaughter with a weapon or firearm is a first degree felony punishable by up to 30 years in prison.
  • Manslaughter of an elderly person or disabled adult is a first degree felony punishable by up to 30 years in prison.
  • Aggravated manslaughter of a child is a first degree felony punishable by up to 30 years in prison.
  • Manslaughter of a firefighter, officer, paramedic, or medical technician while in the performance of their duties is a first degree felony punishable by up to 30 years on prison.

The 10/20/Life Statute

The 10/20/LIFE penalty may apply to these cases if the State is alleging that the accused used a gun during the offense. The 10/20/LIFE statute mandates that if a person is convicted of a crime while using a firearm, the judge must sentence the person to a minimum of 10 years in prison. If the person is convicted of firing a gun, the judge must impose a sentence of at least 20 years, and if the victim sustained serious bodily injury, the judge must impose a minimum sentence of 25 years.

Available Manslaughter Defenses

There are several defenses that can be used in a manslaughter case and will depend on the facts of the individual case. Typically the defenses available in a manslaughter case are:

  • Identity: as in all cases, the State must not only prove that a crime occurred but that the accused is the one who committed the crime. So while the State may be able to prove that somebody died as a result of the actions of another, it is possible that they cannot prove that it was the accused that committed the crime.
  • Alibi defense: If the accused can prove either through the testimony of others, or through records and documents (or both), that they were somewhere else other than the crime scene at the time of the offense, the State will not be able to prove that the accused committed the crime. This is a variation of the Identity Offense.
  • Excusable homicide: homicide is excusable when committed by accident while doing any lawful act using ordinary caution. It is also excused when committed by accident in the heat of passion, upon sudden and sufficient provocation, or upon a sudden combat without using a dangerous weapon. Florida Statute 782.03
  • Justifiable Use of Deadly Force: use of deadly force is justifiable when a person is resisting any attempt to murder him or her or to resist a felony being committed on them while in their dwelling. Florida Statute 782.02
  • Self Defense: a person may use deadly force and does not have a duty to retreat if he or she reasonably believes such force is necessary to prevent imminent death or great bodily harm to himself or herself or to another person or to prevent the imminent commission of a forcible felony. Florida Statute 776.012.
  • Insanity: a person may rely on a defense of insanity when he has a mental disease and because of this condition, he did not know what he was doing or although he knew what he was doing, he did not appreciate the consequences of his actions.

Additionally, the defense team at NeJame Law would investigate all of the evidence, question the witnesses, and ascertain whether all of the methods and procedures used by law enforcement were conducted lawfully. It is possible to have some, or even all of the evidence in a case thrown out if the police violated certain procedures. For example, if the police conducted an illegal search of the accuser’s premises, any evidence found during the search can be suppressed.

Contact an Orlando Manslaughter Attorney at NeJame Law

The attorneys at NeJame Law are experienced, aggressive attorneys with the knowledge of how to defend people accused of any crime, including manslaughter. We value your privacy and will keep any information strictly confidential.

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