14th Mar 2017
A criminal defense attorney in Miami Dade can help lodge a defense for individuals who are facing a serious manslaughter charge. Manslaughter may be charged as voluntary manslaughter when the defendant has committed an intentional act that results in the death of another person that is not legally justified or by encouraging another person to commit an intentional act of this nature. It can also be based on involuntary conduct that is considered culpably negligent behavior. Some of the defenses that may be made by a criminal defense attorney in Miami Dade include:
Some killings are considered lawful in nature. This includes when a defendant kills the victim by an accident while participating in lawful acts and while using ordinary caution without having any unlawful intent. For example, if a person kills another person in a car accident that is not caused by drugs or alcohol, this may not be considered manslaughter.
Excusable homicide may also be at play when the killing is accidental in nature and driven by the heat of passion upon sudden and sufficient provocation. There are certain causes that can provide such justified heat of passion defenses.
Excusable homicide may also be a defense when the defendant kills the victim by accident as part of sudden combat so long as a dangerous weapon was not used in the killing and the death was not caused by some cruel or unusual treatment.
Deadly force can be justified in some cases, such as by trying to protect one or one’s family from an attempt to kill them or commit a felony against them.