Manslaughter, as opposed to murder, is the killing of another human being without prior malice. In order for an accused to be convicted of manslaughter, it must be proved that they committed homicide out of negligence, recklessness, or a provocation. Due to this burden of proof, an effective defense strategy can be developed by an experienced attorney to help those who have been charged with manslaughter.
If you’ve been charged with manslaughter, it’s imperative that you obtain expert legal representation that can fight for your charges to be reduced, dropped, or dismissed. Below, we will be discussing the strategies that can be employed by a manslaughter defense attorney in Tampa from The Rickman Law Firm.
Florida Statute 776.012 states that a person is justified in using deadly force if they reasonably believe that it will prevent imminent death, great bodily harm, or a forcible felony. Furthermore, as we covered previously, Florida’s “Stand Your Ground” law provides immunity from prosecution for those that have justifiably used deadly force to defend themselves. A manslaughter defense lawyer in Tampa can use these laws to protect your rights and argue for your charges to be dropped.
In the event that a person’s death was caused by a genuine accident, an attorney can argue that there was no negligence or recklessness involved. For example, if a distracted pedestrian is killed after walking into the path of a driver, an attorney can argue that the driver was attentive, driving at the proper speed, and otherwise acting lawfully at the time of the accident.
There may be additional details about your case that can build a strong defense. In a court of law, an accused must be proven guilty, and the burden of proof rests on the prosecution. In many cases, there simply isn’t enough evidence to determine someone’s guilt beyond a shadow of a doubt. Unlike in the movies, eyewitness testimony and polygraph tests are unreliable forms of evidence.
In their pursuit of justice, law enforcement officers often falsely accuse or wrongfully arrest individuals. In more nefarious situations, a suspect can be pressured into confessing to a crime they did not commit. Please be aware, the Fifth Amendment protects against “self-incrimination.” Such a confession would be inadmissible in court. Consult with a manslaughter defense attorney in Tampa to ensure that you are familiar with these laws as well as your rights as an accused.
There are many ways to build an effective manslaughter defense, but they can only be truly employed by a manslaughter defense lawyer in Tampa with years of criminal defense experience. If you’ve been investigated for or charged with manslaughter, consult with an attorney from The Rickman Law Firm regarding the specifics of your case. From there, an effective defense strategy can be created to have your charges reduced or outright dropped.
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.