Notice: While courts and businesses are closing due to COVID-19, we are still accessible to answer your legal questions. We can still handle most legal issues and communications with clients by phone, email and text.
Manslaughter Put a Skilled and Trial-Proven Attorney in Your Corner

Miami Manslaughter Defense Attorney

Protecting the Rights of Clients in Miami & Fort Lauderdale

When a person dies as the result of another person’s actions, manslaughter is a less serious violent crime than murder. Manslaughter charges are still felony offenses that can result in steep prison sentences.

The absence of malice or criminal intent beforehand that led to the alleged victim’s death is usually what differentiates manslaughter from murder. People cannot be convicted of manslaughter when deaths are the results of negligence or the killings were deemed excusable or justified.

If you are under investigation or you have already been arrested for an alleged manslaughter offense in Florida, do not say anything to authorities without legal representation. The Hoffman Firm aggressively defends clients charged with crimes of violence in Miami and Fort Lauderdale. Our Miami manslaughter defense lawyer has experience handling these types of cases as a former Assistant State Attorney and can fight to get the criminal charges reduced or completely dismissed.

Contact us today to schedule a free consultation. Get a former prosecutor on your side immediately!

Florida Manslaughter Penalties

The two most common types of manslaughter cases are voluntary manslaughter and involuntary manslaughter. Involuntary manslaughter is an unintentional killing that usually stems from an alleged offender’s culpable negligence, but voluntary manslaughter is an intentional killing that typically lacks the full criminal intent necessary to qualify as a murder charge (most frequently to as “heat-of-passion” killings).

In order for a person to be convicted of manslaughter in Florida, the prosecutor must prove that a victim is dead and either:

  • The alleged offender intentionally committed an act or acts that caused the victim’s death;
  • The alleged offender intentionally procured an act that caused the victim’s death; or
  • The victim’s death was caused by the culpable negligence of the alleged offender.

Under Florida Statute § 782.07, manslaughter is a second-degree felony punishable by a maximum sentence of 15 years in prison and/or a maximum fine of $10,000. An alleged manslaughter can become a first-degree felony punishable by a maximum sentence of 30 years in prison and/or a maximum fine of $10,000 if the alleged offender caused the death of any of the following types of people by culpable negligence:

  • A firefighter;
  • A law enforcement officer, correctional officer, or correctional probation officer;
  • A paramedic;
  • An emergency medical technician;
  • Any elderly person or disabled adult; or
  • Any person under the age of 18.

Culpable negligence is defined as “a course of conduct showing reckless disregard of human life, or of the safety of persons exposed to its dangerous effects, or such an entire want of care as to raise a presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard for the safety and welfare of the public, or such an indifference to the rights of others as is equivalent to an intentional violation of such rights.”

Legal Defenses for Manslaughter Charges

Chapter 7.7 of the Florida Standard Jury Instructions establishes three scenarios in which an alleged offender cannot be found guilty of manslaughter:

  • Negligence — If the alleged offender violates the duty to act reasonably toward others without any conscious intention to harm, the violation is negligence. A purely negligent act cannot be considered manslaughter.
  • Justifiable Homicide — Florida Statute § 782.02 defines justifiable homicide as the justifiable use of deadly force “when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be.”
  • Excusable Homicide — Under Florida Statute § 782.03, “Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner.”

Many self-defense or “stand your ground” claims are considered justified or excusable homicide. Other possible defenses against manslaughter charges can include, but are not limited to mistaken identity, insanity, or violations of the alleged offender’s constitutional rights.

Schedule a Free Consultation Today

Have you been arrested for alleged manslaughter in Miami or Fort Lauderdale? You should refuse to make any kind of statement to authorities until you have first contacted The Hoffman Firm.

Call (305) 928-1669 to learn about your legal options today.



Why Should You Choose The Hoffman Firm?

Here Are Six Reasons
  • Client-Focused Representation

    Our Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.

  • Decades of Experience

    Attorney Evan Hoffman has over two decades of experience fighting for the accused.

  • Premier Criminal Defense Firm

    Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.

  • Proven Track Record

    Client satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.

  • Florida Former State Prosecutor

    Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.

  • Free Initial Consultation

    We offer free initial consultations to ensure that we have your best interests in mind.

Hear it From Our Clients

Read What Past Clients Had to Say
  • “As busy as he is, I was always able to get a hold of him. He provided me his personal cell phone and I was always able to text him if I had any questions.”

    - John
  • “Evan was able to get all my charges dismissed and now 6 months after the worst mistake of my life (getting arrested), Evan was able to give me my life back.”

    - Stacy
  • “I cannot say enough great things about Evan and his staff. He helped me and he will help you too. Call Evan if you are ever in legal trouble.”

    - Armando
  • “I know that I am grateful for all of Evan's hard work and can without a doubt recommend him to my friends, family and all of those out there on the world wide web.”

    - Joshua
  • “If anyone is ever arrested or even under investigation, I can assure you the only person you need to call is EVAN!”

    - John
/

Start Your Defense

Schedule Your Free Consultation
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.

Record Of Success

Aggressive Traffic Ticket Defense
  • Not Guilty Felony Robbery

    Client was charged with armed robbery in Tallahassee. In less than an hour, the jury returned a verdict of not guilty.

  • Not Guilty Felony Sexual Battery

    Client was arrested for sexual battery and case went to trial. In less than 30 minutes the verdict was not guilty.

  • Charges Dropped Felony Possession of a Firearm

    Our client was arrested for possession of a firearm by a convicted felon and grand theft of a firearm.

/