28th Feb 2023
Defenses to Manslaughter
Apart from the pretrial and trial defenses that apply to all criminal cases, Manslaughter has particular defenses, namely Excusable Homicide, Justifiable Homicide, or Self-Defense.
Under any of the following scenarios, the taking of a human life is considered excusable and hence permissible under the law:
1. When the killing transpires unintentionally while engaging in a lawful act with reasonable care and without any unlawful intent.
2. When the killing happens unintentionally and due to a sudden and sufficient provocation in the heat of passion.
3. When the killing is accidental and results from a sudden combat, provided that a dangerous weapon is not involved and the killing is not carried out in a cruel or unusual manner.
Homicide can be considered justifiable and legal if committed in self-defense against someone attempting to kill you or committing a felony against you.
Self-defense, also known as the justified use of deadly force, serves as a defense to the charge of second-degree murder.
If you have been accused of manslaughter in Miami, then you may want to call an experienced criminal defense attorney for legal advice.