Taking the life of another person is never okay; however, the killing of another person does not always translate to murder. Under Florida Statute 782.04, murder is considered a premeditated act, whereas manslaughter is not deliberate.
Manslaughter is an act of killing, but every act is not categorized in the same manner. This article will serve as a helpful resource to convey the difference between voluntary and involuntary manslaughter.
A Voluntary manslaughter is a form of homicide that is committed intentionally, yet without deliberation or malice. You may be wondering how it is possible to intentionally kill someone without it being considered murder. With voluntary manslaughter, the act is committed in a moment of passion (i.e., anger or rage). An example of this would be a husband shooting his wife’s lover upon discovering her infidelity or shooting a loved one during a heated argument.
Involuntary manslaughter is an accidental killing. This type of killing is done as a result of negligence or reckless conduct. There was no premeditation or malice involved; however, the individual’s recklessness warrants punishment. One of the most common and series acts of involuntary manslaughter is the killing of a pedestrian or another driver as a result of someone driving under the influence of drugs or alcohol. Another example of involuntary is the death of a child caused by a parent’s negligence.
The key difference between the two type of manslaughter above is the intent. In order to be cleared of manslaughter charges, a manslaughter defense lawyer in Tampa must prove that you either acted in self-defense, the person’s death was an accident, or that you were not reckless or negligent in any way. Other defenses also include disproving the prosecutor’s evidence against you or that the charges were wrongfully brought against you.
A manslaughter conviction is a serious charge that can alter the course of your life forever. A manslaughter charge can lead to the imposition of overwhelming penalties, including a prison sentence and expensive fines. It is imperative that you hire a manslaughter defense attorney in Tampa if you or a loved one is being investigated for suspected manslaughter.
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.