Defenses to Manslaughter

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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.

Excusable Homicide
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.

Justifiable Homicide
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.