Fort Lauderdale Manslaughter Attorney
Serious Representation for Serious Charges
Manslaughter charges are used when an individual died due to the actions of another person, and the actions causing the death were not planned. If the killing was accidental and the incident did not include any malice aforethought, it would not be considered murder - which must show intent. Incidents that can result in manslaughter charges can include car accidents, altercations or just being in the wrong place at the wrong time. Regardless, persons accused of manslaughter must retain criminal defense right away.
Voluntary vs. Involuntary Charges
There are two types of manslaughter charges, each with different possible penalties, if convicted:
Voluntary Manslaughter: This is the charge when the incident occurs in the "heat of passion." In many cases, these incidents are provoked or may have been instigated by the victim, but the intent to cause serious bodily harm is usually what results in the accidental killing. Even in some instances of self-defense, if the victim used unreasonable lethal force, they may be charged with voluntary manslaughter, or if the killing was a result of a mental defect and/or illness.
Involuntary Manslaughter: This is usually the charge when the incident is unintentional. This may also be the charge if a homicide occurs during the commission of a misdemeanor offense when the actions taken during the misdemeanor were likely to have caused harm. This type of offense is usually split into two categories: constructive manslaughter and criminally negligent manslaughter.
There is also something called constructive manslaughter. This occurs when someone kills another in the course of committing an unlawful act. There is no intent to have killed, but intentionally committing an unlawful act is what the person will be faulted for when taking "malice" into account. Criminally negligent manslaughter is a type of offense can be used to define a homicide that occurred due to severe recklessness and /or negligent behavior. This means that a person must have a duty to act in the interest in the victim, but doesn't, however—for example, professionals like doctors and civil servants have a duty to maintain safety. Whatever type of manslaughter offense you might be facing, we are prepared to help.