Manslaughter with a Weapon or Firearm

While not a specific element of manslaughter, if the jury determines a weapon or firearm was used in the commission of the manslaughter, the crime will be reclassified from a felony of the second degree to a felony of the first degree.

The crime of manslaughter with a weapon or firearm is a first-degree felony and is punishable by up to thirty years in prison, thirty years of probation, and a $10,000 fine.

Manslaughter with a weapon is assigned a Level 8 offense severity ranking under Florida’s Criminal Punishment Code. Absent grounds for a downward departure sentence, a judge is required to sentence a person convicted of manslaughter with a weapon to a minimum sentence of 10⅓ years in prison, but may also sentence the person up to the statutory maximum of thirty years in prison.

Manslaughter with a firearm is assigned a Level 8 offense severity ranking and assessed an additional 18 sentencing points for possession of a firearm under Florida’s Criminal Punishment Code. Absent grounds for a downward departure sentence, a judge is required to sentence a person convicted of manslaughter with a firearm to a minimum sentence of 11½ years in prison, but may also sentence the person up to the statutory maximum of thirty years in prison.

If you have been accused of manslaughter in Miami, then you may want to call an experienced criminal defense attorney for legal advice.