Florida Statute 782.07 defines manslaughter as, “The killing of a human being by the act, procurement, or culpable negligence of another.” Culpable negligence has been defined under Florida law as a course of conduct showing reckless disregard for human life or for the safety of others. It’s an extremely serious felony charge and should be defended by the best Miami manslaughter lawyer you can find. Attorney Mark Eiglarsh, from the Law Offices of Mark Eiglarsh, has extensive experience handling manslaughter cases, both as a prosecutor and as a veteran criminal defense attorney.Penalties
Manslaughter is a second-degree felony, which makes it punishable by up to fifteen years in state prison. Additionally, penalties can include up to fifteen years of probation and a fine of up to $10,000. If a firearm or any other weapon was used during the offense, the charge gets elevated to a first-degree felony, making it punishable by up to thirty years in prison. First-degree felonies can also yield probationary terms of up to thirty years as well and up to $10,000 in fines. While facing a potential lengthy prison term can be rather frightening, a talented and experienced Miami manslaughter lawyer has extensive knowledge in obtaining downward departures. A downward departure is a legal way for the judge to impose a sentence much lower than what is required by law. Of course, no penalty will be imposed if an attorney can persuade a prosecutor to drop charges and/or a jury to acquit the accused.Defenses
The most popular defense to manslaughter is self-defense, also referred to as “the justified use of deadly force.” If someone reasonably fears death or bodily harm, they can meet that force with equal force. Additionally, in Florida, the Stand Your Ground Law eliminated a person’s duty to retreat. That means, a person doesn’t have to turn their back to someone exhibiting force. They are legally permitted to stand their ground and fight back.
An experienced manslaughter attorney in Miami invariably has had to argue that their client’s killing was “excusable.” Under the law, a killing would be deemed excusable if it was committed by accident. There are a number of scenarios that would apply to this. For example, if the accidental killing occurred while the perpetrator was in the heat of passion, and/or was doing a lawful act using caution and/or committed the offense without a dangerous weapon in a manner that is not cruel and unusual.Justifiable Homicide
If you kill someone while they are committing a felony against you or if they are trying to kill you, then the homicide may be justified. Whether the killing is lawful hinges upon the unique facts and circumstances of each situation.Call Immediately
If you or someone you know is under investigation or has been charged with Manslaughter, call us immediately. Allow the bestManslaughter attorney in Miami to assist you. Call 954.500.0003 or 305.674.0003. Allow us to use our extensive experience and knowledge to zealously and passionately defend you.