Switch to ADA Accessible Website
Orlando Criminal Lawyer

What Constitutes as Involuntary Manslaughter in Florida?

advocate

It happens in car accidents, self-defense cases, or reckless criminal negligence—a person will act in some haphazard way and with a wanton disregard for others, when they accidentally kill another human being. The negligent person will panic, certain that they are going to prison for life for murder.

While the taking of another human life is never okay under any circumstances, accidentally killing another individual is a far cry from murder, which is defined by Florida Statute 782.04 as “a premeditated design to effect the death of the person killed or any human being.” Unlike murder, when a victim’s death is unintended, the perpetrator is likely to be charged with involuntary manslaughter, defined under Florida Statute 782.07 as, “The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification.”

If you have recently been involved in an incident that resulted in the death of another human being, do not hesitate, and reach out to the Orlando homicide lawyers at The Baez Law Firm today. Oftentimes, a prosecutor will try to claim murder or even voluntary manslaughter, charges that come with much harsher sentences and punishments than involuntary manslaughter if convicted. To ensure that you are not charged with a crime you did not intentionally commit, retain the help of one of our seasoned criminal defense lawyers right away.

Proving Involuntary Manslaughter

In order to prove that you are guilty of involuntary manslaughter, the prosecution must submit evidence supporting the following three elements:

  1. That someone was killed as a result of your actions;
  2. That your actions were either inherently dangerous to others, done with reckless disregard for human life, or both; and
  3. That you knew or should have known that your conduct was a direct threat to the lives of others.

While involuntary manslaughter usually follows the illegal actions of an individual, it can also occur when an individual performs perfectly legal actions in a reckless fashion. For instance, if a mother fails to properly strap her child into his or her car seat, and as a result, the child dies in what should have been a minor car accident during that car ride, the mother could be charged with involuntary manslaughter for not properly ensuring the safety of her child.

Defenses to Involuntary Manslaughter

In order to release you of the manslaughter charges brought against you, our Orlando homicide lawyers will try to disprove one of the aforementioned three elements. Additionally, we may try to prove one of the following:

  • That you acted in self-defense;
  • That the other person’s death was truly an accident, and that your actions leading up to the death were not negligent, reckless, or intentional in any way;
  • That the prosecution’s evidence does not support an involuntary manslaughter charge; or
  • That you simply did not do it, and that the charges were wrongfully brought against you.

Retain the Legal Assistance of an Orlando Homicide Lawyer

At The Baez Law Firm, our criminal defense team will evaluate the circumstances surrounding your case and determine the actual strength of the prosecution’s case. The evidence against you and our perceived strength of the prosecution’s case will determine which strategy we will use to defend you against the involuntary manslaughter charges brought against you. Do not hesitate, and contact our Orlando homicide lawyers as soon as you are charged, or if possible, as soon as you suspect that you are going to be charged. Call us at 800-588-BAEZ today to schedule your free consultation.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0782/Sections/0782.04.html

  • Facebook
  • Twitter
  • LinkedIn
Miami

Miami Office

1200 Brickell Avenue, Suite 1410
Miami, FL 33131
Office: 305-999-5100
Fax: 305-999-5111
Orlando

Orlando Office

250 N Orange Ave, Suite 750
Orlando, FL 32801
Office: 407-705-2626
Fax: 407-705-2625

Email Us

Fields Marked * Are required

DISCLAIMER: Completing and submitting this form or otherwise merely contacting The Baez Law Firm or any individual at the firm will not establish an attorney/client relationship. Our firm cannot represent you until we determine that there would be no conflict of interest and that we are otherwise able to accept representation of your case. Please do not send any information or documents until a formal attorney/client relationship has been established through an interview with an attorney and you have been given authorization in the form of an engagement letter with The Baez Law Firm. Any information or documents sent via this form or otherwise prior to your receipt of an engagement letter will not be treated as confidences, secrets, or protected information of any nature. Submitting information regarding your potential case will not bar The Baez Law Firm from representing or continuing to represent a person or entity whose interest are adverse to your in condition with your case.

protected by reCAPTCHA Privacy - Terms
Please review the highlighted fields. They are required.
DISCLAIMER: This website contains information about The Baez Law Firm that includes testimonial statements from persons who are familiar with the firm's services. The testimonials shown are not necessarily representative of every person's experience with us. Testimonials from every client are not provided. As no two situations or persons are identical, the facts and circumstances of your situation may differ from those for which testimonials are shown. This website also includes information about some of the past results that we have obtained for our clients. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. No two situation are exactly alike; every person's situation is unique and the outcome for each person depends on the individual facts.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
MileMark Media - Practice Growth Solutions

© 2015 - 2024 Baez Law Firm. All rights reserved.
This law firm website and legal marketing are managed by MileMark Media.

Contact Form Tab Contact Form Tab