When Does Negligence Lead to Manslaughter Charges?

Court room

Some individuals who are facing charges of negligence leading to manslaughter do not have a clear understanding of what exactly their charge means. 

Understanding when negligence crosses the line into criminal liability for manslaughter is extremely important for anyone facing these types of allegations, and working with an experienced Tampa manslaughter defense attorney with The Rickman Law Firm is the best first step they can take towards the most favorable outcome possible.

What is Negligence?

Negligence is when a person fails to exercise reasonable care in a manner that results in harming or injuring another person. So, even if there is no intention behind their action, their lack of attention when there should have been at least some degree of attention is enough to lead to criminal charges.

Negligence and Manslaughter

While negligence alone may not always result in criminal charges, it can result in a manslaughter charge when it causes the death of another person. Manslaughter is when someone unintentionally kills another person but does so through reckless or negligent behavior. There are two types of manslaughter recognized in Florida courts:

Voluntary Manslaughter

Voluntary manslaughter is defined as when someone kills another person in the heat of passion or in response to a provocation.

Involuntary Manslaughter

Involuntary manslaughter is the unintentional killing resulting from criminal negligence or recklessness and is often the charge when negligence leads to a fatality. In cases of involuntary manslaughter, a person may not have intended to cause harm, but their negligent actions directly led to someone’s death.

Examples of Negligence Leading to Manslaughter Charges

There are many types of situations that could lead to manslaughter charges based on negligence and require representation from a nationally-recognized Tampa manslaughter defense lawyer with The Rickman Law Firm. Some potential examples may include:

Car Accidents

 A driver who causes a fatal accident by running a red light or failing to stop at a stop sign due to inattention or distracted driving may be charged with manslaughter if the victim dies as a result.

Medical Negligence

A healthcare provider who fails to meet the required standard of care, such as administering the wrong dosage of medication that leads to a patient’s death, can be charged with negligence leading to manslaughter.

Negligent Firearm Handling

A person who improperly handles a firearm, which causes it to fire and kill someone, may face involuntary manslaughter charges. 

Negligent Supervision of Children or Vulnerable Individuals

Parents or caregivers who fail to adequately supervise children or vulnerable individuals in potentially dangerous situations, leading to their death, can be charged with manslaughter. 

Criminal Negligence in Manslaughter Cases

For a charge of involuntary manslaughter to be a valid charge, the prosecution must demonstrate that the defendant’s negligence was criminal. If a death occurred as a result of this behavior, that negligence may rise to the level of criminal manslaughter.

Consequences of Manslaughter Convictions in Florida

In Florida, manslaughter is a second-degree felony punishable by up to 15 years in prison, a fine of up to $10,000, or both. In some cases with aggravated factors, such as when the death involves a firearm, additional penalties may apply.

Not Every Law Firm is Equal – Work With One That Has the Right Experience in Defending Negligence Leading to Manslaughter Cases

If you are facing a negligence leading to manslaughter charge, the first step to take is to consult with a skilled manslaughter defense attorney in Tampa who understands the ins and outs of building the most effective defense strategy possible.

For a complimentary consultation for your negligence leading to manslaughter case with an expert Tampa manslaughter defense lawyer with The Rickman Law Firm, call our office at (813) 370-1185 or fill out a consultation form today. 

 

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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