When someone is killed, charges may fall under the term “homicide” under Florida Statutes Chapter 748. However, despite what television shows would have you believe, not every homicide is a murder. The death or killing of any person is a tragedy, but the fact is that in many cases, it is actually manslaughter charges that will arise.
Whether or not you are at fault for the victim’s death, you may find that the charge of murder is inapproriate for the circumstances and therefore may have the charges reduced to manslaughter. But if they are reduced to manslaughter, is it possible to reduce the charges further? In this brief article, a Tampa manslaughter defense attorney with The Rickman Law Firm weighs in.
What is the Difference Between Manslaughter and Murder?
First, it’s important to understand the differences between murder and manslaughter. The major difference is that murder requires some level of malice or forethought, whereas manslaughter does not.
There are three types of manslaughter, including:
Voluntary Manslaughter – the unlawful killing of another person without premeditation. It is the type of killing where a person is provoked by a circumstance that causes them to react unreasonably due to the mental or emotional disturbance of a specific event. This is considered a crime of passion. For example, if a parent reacts to someone harming their child and kills that person, it might be a voluntary manslaughter.
Involuntary Manslaughter – like voluntary manslaughter, this is the unlawful killing of another person without premeditation; however, the murder is due to recklessness, criminal activity, or negligence. For example, if a person is driving a car and hits another person and kills them, whether texting or driving or driving recklessly, that would be an involuntary manslaughter.
DUI Manslaughter – the unlawful direct or indirect killing of another person while driving under the influence of alcohol or drugs. This will also accompany DUI charges. This is different from involuntary manslaughter bec
Can Murder Charges be Reduced to Manslaughter?
As previously mentioned, the key difference between murder and manslaughter is premeditation or intent. With this in mind, it is possible to reduce your charges from murder to manslaughter based on the circumstances. It is important to discuss this option with a Tampa manslaughter defense lawyer.
Can Manslaughter Charges be Reduced?
In most cases, since murder and manslaughter are homicides, the charges can often not be reduced any lower. However, your attorney can still help you enter a plea and understand the best defense for your specific case.
In order to discuss manslaughter charges that may arise against you, or if you suspect that you are being investigated, contact a Tampa manslaughter defense attorney with The Rickman Law Firm. We have years of experience working with cases just like yours and will be able to pursue all necessary evidence and witnesses to obtain a favorable outcome. Our attorneys will not only look into the event, but will also examine the arrest to determine if your rights were violated.
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.
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