Sarasota Manslaughter Attorney

According to the state of Florida, manslaughter is any killing of a human being that does not fit the definition of murder. Unlike murder, manslaughter does not require premeditation or a reckless disregard for human life. Instead, the crime depends on whether voluntary or involuntary manslaughter was committed. While manslaughter is a less serious crime than murder, the penalties are still severe. Sentences can include paying exorbitant fines and spending decades in state prison.

If you or a loved one has been charged with manslaughter, you are likely worried about the consequences that could follow a conviction. Your family may not be able to survive if you are sent away, and your career may be completely destroyed. Erika Valcarcel, Criminal Defense Lawyer, P.A. appreciates how devastating this type of charge can be. With years spent as both a prosecutor and a defender, Sarasota manslaughter attorney Erika Valcarcel is uniquely qualified and dedicated to protecting your freedom. By utilizing her experience on both sides of the courtroom, attorney Valcarcel can anticipate the prosecution’s strategy in order to craft a winning defense.

Call (941) 363-7900 today to see how our Florida violent crimes lawyers can keep your record clean.

What’s the Difference Between Voluntary vs. Involuntary Manslaughter?

In Florida, two forms of manslaughter are recognized: voluntary and involuntary.

Voluntary Manslaughter

Voluntary manslaughter is a violent crime committed in the heat of the moment. The killing itself is intentional, but only after a provocation of some kind. In these cases, the prosecutor is required to prove that a sudden event or circumstance took place that inspired rage or another uncontrollable emotion. It must then be shown that these emotions led to the offender’s intent to kill that ultimately resulted in a person’s death. Further, it must be proven that the person’s actions were the cause of the victim’s death.

Involuntary Manslaughter

As the name suggests, involuntary manslaughter is not committed with the intent to kill. Instead, it is a crime committed with culpable negligence. According to Florida law, this type of negligence is defined as a total disregard for human life while engaging in a reckless behavior. This crime is often proved by pointing out that the person did not take precautions when handling a weapon or a dangerous object. In some cases, excessive force used during self-defense can lead to an involuntary manslaughter charge.

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What are the Penalties for Manslaughter in Florida?

Interestingly, the standard penalties are the same for both voluntary and involuntary manslaughter. The severity of the sentence depends solely on the circumstances surrounding the crime. If a senior citizen or a child was killed, for example, the crime is considered to be aggravated, or more severe. This would result in much harsher penalties. The consequences for manslaughter include, but are not limited to:

• Voluntary Manslaughter: Up to 15 years in state prison and a fine of up to $10,000; up to 30 years in state prison for aggravated voluntary manslaughter.
• Involuntary Manslaughter: Up to 15 years in state prison and a fine of up to $10,000; up to 30 years in state prison for aggravated involuntary manslaughter.

A manslaughter conviction can also affect your life collaterally. Once you are released, it may be difficult to find employment. This is because most employers shy away from hiring people with criminal records. In addition, continuing your education may be postponed indefinitely. Colleges and universities vet all applicants, and most scholarships are unavailable to those who have criminal convictions.

Can I Defend Against a Manslaughter Conviction?

If you’ve been accused of manslaughter in the Sarasota area, you have every right to defend yourself. An indictment is not a conviction – the prosecution still needs to prove beyond a shadow of a doubt that you caused the death of another person. Your manslaughter defense attorney can use several different methods to defend against your charges, like:

You Used Deadly Force in Self-Defense

Florida laws allow you to protect yourself, your property, and your loved ones if you feel you were in true danger of harm or death. The “Stand Your Ground” Law allows Florida citizens to use force to protect themselves without needing to retreat first. If your defense attorney can prove you acted with a reasonable belief that you faced imminent harm, you can fight your manslaughter charges.

You Were Mistaken for the Real Suspect

Eyewitnesses can be useful, but sometimes they can be mistaken, especially in high-tension cases involving fatalities. With the right evidence, your defense attorney can argue that you were mis-identified, and that you were accused of manslaughter instead of the real perpetrator.

The Death was an Accident

In some cases, it may be appropriate to argue that the death was accidental, especially if your actions leading to the fatality were not reckless or negligent. Your defense attorney can argue that you did not to intend to cause harm to the victim.

Your Actions Did Not Lead to the Victim’s Death

In certain circumstances, your manslaughter defense lawyer could argue that the victim’s death was caused by a pre-existing condition or that their death happened because of factors out of your control. They could have been conducting themselves in a risky manner, like consuming too much alcohol or illicit substances, which could have contributed to or fully caused their death. Your attorney may also argue that a pre-existing medical condition caused their death.

FAQs about Manslaughter Charges in Florida

What Should I Do Immediately After Being Charged with Manslaughter in Florida?

After an arrest, avoid discussing the case with police, family, or on social media. Ask to speak with a criminal defense lawyer right away. Quick legal action can help preserve evidence and prevent self-incrimination.

Can Manslaughter Charges Be Reduced to a Lesser Offense?

Yes. Depending on the facts, your attorney may negotiate for a reduction to a lesser charge like negligent homicide or reckless endangerment. Strong mitigation evidence and lack of intent can help achieve this outcome.

How Does the Legal Process for Manslaughter Charges Work?

Manslaughter cases follow the standard Florida criminal process: arrest, arraignment, pre-trial motions, possible plea negotiations, and trial. Each phase offers opportunities for your defense attorney to challenge evidence and push for dismissal or reduction.

Is Manslaughter Considered a “Violent Crime” in Florida?

Yes. Even though manslaughter lacks the intent required for murder, it is still classified as a violent felony. This means it can count as a “strike” under Florida’s habitual offender laws and carry long-term consequences for sentencing and future charges.

How Is “Culpable Negligence” Proven in Court?

Prosecutors must show that your actions went beyond ordinary carelessness and showed reckless disregard for human life. Defense strategies often focus on disproving this element by demonstrating that the incident was an accident or unforeseeable event.

What Role Does Intoxication Play in Manslaughter Cases?

If drugs or alcohol were involved, the prosecution might argue that impairment led to negligent or reckless behavior. However, your attorney can challenge toxicology evidence or argue that impairment did not directly cause the death.

What Happens to My Firearm Rights After a Manslaughter Conviction?

A manslaughter conviction results in the permanent loss of your right to own or possess firearms under both Florida and federal law. These rights are not easily restored, so fighting the conviction early is crucial.

Why Should I Hire a Criminal Defense Lawyer for Manslaughter Charges?

When you’re facing manslaughter charges of any kind, it’s better to work with a skilled and experienced criminal defense attorney than to attempt to take on the court alone. You should consider calling a private defense attorney instead of relying on your own efforts or a public defender. Public defenders are a great asset to our justice system, but they are often overworked and lack the resources a private attorney has. Facts, evidence, and arguments matter. A defense attorney understands what is at stake if you are convicted, and they will work to ensure you avoid the worst possible consequences by conducting their own investigation and building a defense that works for you.

Let Erika Valcarcel, Criminal Defense Lawyer, P.A. Protect Your Freedom

A manslaughter charge can impact every area of your life. From your career to relationships with loved ones, there is no aspect left unaffected. If you would like to defend your rights and preserve your freedom, call (941) 363-7900 now for a free consultation. Attorney Erika Valcarcel will work tirelessly to gather all of the details so that your case is presented in the best possible light. With the right defense, it is possible to get your charges reduced are eliminated entirely.