How a Criminal Defense Attorney in Miami- Dade Helps with Manslaughter Allegations

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20th Aug 2015

A criminal defense attorney in Miami-Dade can explain that Florida imposes strict criminal punishments for convictions of manslaughter, resulting in a term of up to 15 years of imprisonment and a potential fine of up to $10,000. The penalties are even more severe if the victim was elderly, a child or a law enforcement officer. Individuals who are facing such charges can help protect their legal rights by discussing the case with a criminal defense attorney in Miami Dade.

Explanation of the Offense

In order for the prosecution to prevail in acquiring a guilty verdict, they must show that the defendant committed each element of the offense with evidence that shows proof beyond a reasonable doubt. In Florida, this requires showing that the defendant killed another human being by an “act, procurement, or culpable negligence.” Additionally the killing must be one that is not an excusable homicide or lawfully justified.

Discussion of Potential Defenses

A criminal defense lawyer can raise the defense of excusable homicide if the death was caused by an accident that was the result of a lawful act. If the victim was attempting to commit a felony against the defendant or kill him or her, justifiable homicide may be raised as a defense. Other defenses may be available based on the particular circumstances surrounding the case.

Plea Bargains and settlements

A criminal defense attorney may also be able to help a criminal defendant who is facing such serious charges by negotiating a plea agreement with the prosecutor handling the case. This may allow the criminal defendant to receive a reduced sentence or for the charges to be reduced to a less serious crime.