Created by FindLaw's team of legal writers and editors | Last reviewed February 27, 2018
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When a homicide, the killing of a human being, does not meet the legal definition of murder, Florida state laws allow a prosecutor to consider a manslaughter charge. The state establishes two types of manslaughter: voluntary and involuntary. While voluntary manslaughter describes an intentional act performed during a provocation or heat of passion, involuntary manslaughter does not require intent to kill or even intent to perform that act resulting in the victim's death.
To establish involuntary manslaughter, the prosecutor must show that the defendant acted with "culpable negligence." Florida statutes define culpable negligence as a disregard for human life while engaging in wanton or reckless behavior. The state may be able to prove involuntary manslaughter by showing the defendant's recklessness or lack of care when handling a dangerous instrument or weapon, or while engaging in a range of other activities that could lead to death if performed recklessly.
Florida state laws also establish involuntary manslaughter if the prosecutor shows that the defendant used excessive force during self-defense or the defense of another person. The prosecution and defense can look at the facts and circumstances of the killing to determine whether the defendant reasonably believed that self-defense was necessary; if not necessary, the state might proceed with an involuntary manslaughter charge.
Below you will find key information about Florida’s involuntary manslaughter laws and penalties. If you or someone you love has been charged with this crime, seek immediate legal representation to preserve your rights.
Statutes |
Florida Statutes Section 782.02-782.36 |
Penalties and Sentencing |
If the defendant committed aggravated manslaughter, such as manslaughter of a child or elderly person by culpable negligence, the state treats the offense as a first degree felony, which increases the potential term of imprisonment to a maximum of thirty years. |
Additional Penalty Considerations |
Florida laws also require the state to consider the defendant's criminal history and determine whether the defendant is a career criminal or habitual violent offender; if so, the state may be able to increase the defendant's punishment. |
Possible Defenses |
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
If you're charged with taking someone’s life, regardless of the circumstances, you need to have a quality legal expert on your side. Learn more about possible defenses and what your options are by contacting an experienced criminal defense attorney in Florida.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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