What Factors Can Impact a Manslaughter Sentence in Tampa?

Florida law defines manslaughter as an unlawful killing that happens without the intent to murder, typically due to reckless or negligent behavior. Even though it’s considered less severe than murder, manslaughter convictions can still result in harsh sentences, depending on several factors.

1. Type of Manslaughter Charge

Manslaughter in Florida falls under two main categories: voluntary and involuntary. Voluntary manslaughter happens when someone acts in the “heat of passion,” while involuntary manslaughter usually results from recklessness or negligence, like in some car accidents. Voluntary manslaughter is generally penalized more severely since the act involved an intentional action, even without premeditation.

2. Use of a Firearm

Using a firearm during a manslaughter incident can result in additional mandatory prison time due to Florida’s “10-20-Life” law. For example, a defendant could face a minimum of 10 years if a gun was present, with even longer penalties if it was fired. This factor alone can add several years to a manslaughter sentence.

3. Defendant’s Criminal Record

Any past criminal history can weigh heavily on sentencing. Repeat offenders, particularly those with prior violent crimes, can face longer sentences. For someone without a criminal history, the court may be open to alternatives like probation, depending on the case details. If you are facing a homicide charge, you need to inform your manslaughter defense attorney in Tampa with the Rickman Law Firm of any criminal record you may or may not have.

4. Victim’s Age or Vulnerability

If the victim is considered vulnerable due to age or disability, harsher sentencing can be given. For example, if the victim was a child or elderly, a judge may impose additional penalties due to their being a vulnerable individual.

5. Degree of Recklessness or Negligence

Manslaughter charges often vary based on how reckless the defendant’s behavior was. Greater recklessness, such as being under the influence while driving, can lead to a longer sentence. Conversely, if the act was a split-second mistake with no other aggravating factors, your manslaughter defense lawyer in Tampa with the Rickman Law Firm may be able to argue for a more lenient sentence.

6. Acceptance of Responsibility

When a defendant shows remorse and accepts responsibility, the court may consider this positively, and possibly reduce the sentence. This could involve cooperation with the court or a willingness to take a plea deal negotiated by an experienced Tampa manslaughter defense attorney. However, failing to show remorse or refusing responsibility can lead to harsher penalties.

Sentencing Flexibility

While Florida has guidelines for minimum sentencing, judges do have some discretion in how they apply them. A good defense from a quality attorney can potentially make a strong case for a lighter sentence by emphasizing the defendant’s character, background, and circumstances. 

Final Thoughts

Every manslaughter case is unique, and the outcome depends on numerous variables. A knowledgeable manslaughter defense lawyer in Tampa with the Rickman Law Firm can potentially help mitigate the impact of these factors and build an effective defense strategy to achieve the most favorable outcome possible.

For a free consultation with one of the best lawyers in Tampa, contact The Rickman Law Firm at (813) 370-1185 or fill out a consultation form anytime, any day. 

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.