To the layman, manslaughter and murder may sound like they are functionally the same thing. However, these two crimes are actually treated very differently under Florida law. It is important to be aware of their distinctions, as the prosecution must show evidence for completely different issues depending on the charge in question.
Manslaughter
Florida statute 782.07 outlines what manslaughter is and what type of felony the charge will be treated. Below are the multiple types of manslaughter:
- Manslaughter (Second-Degree Felony):
- When a person is killed by either “the act, procurement, or culpable negligence of another”
- “Act” – An intentional, unjustified action
- “Procurement” – Encouraging or persuading someone to do an act that causes someone else’s death
- “Culpable Negligence” – When negligent behavior results in someone else’s death
- When the killing cannot be considered as either excusable homicide or murder
- When a person is killed by either “the act, procurement, or culpable negligence of another”
- Aggravated Manslaughter of an Elderly Person or Disabled Adult (First-Degree Felony):
- When an elderly person or disabled adult is killed through the culpable negligence of another
- Aggravated Manslaughter of a Child (First-Degree Felony):
- When any person under the age of 18 is killed through the culpable negligence of another
- Aggravated Manslaughter of an Officer, Firefighter, Emergency Medical Technician or Paramedic (First-Degree Felony):
- When an officer, firefighter, emergency medical technician, or a paramedic is killed through the culpable negligence of another
Punishments for Manslaughter
Under Florida statute 775.082, there are two different lengths of imprisonment that can be imposed depending on the felony level. Additionally, under Florida statute 775.083, there is a fine that can be imposed for both crimes. Both are listed below:
- Manslaughter (Second-Degree Felony):
- Up to 15 Years of Imprisonment
- $10,000 Fine
- All Types of Aggravated Manslaughter (First-Degree Felony):
- Up to 30 Years of Imprisonment
- 10,000 Fine
Murder
Murder, on the other hand, is treated with a much higher level of severity. Florida statute 782.04 outlines several distinct types of murder:
- First-Degree Murder (Capital Felony):
- When the crime is committed with premeditated intent
- When the murder is committed during the perpetration of other felonies as specified by statute 782.04 subsections (1)(a)(2)(a-s), such as arson and burglary
- Second-Degree Murder (First-Degree Felony):
- When the crime is not committed with premeditated intent, but was committed with “a depraved mind regardless of human life”
- When the victim is killed during the perpetration of other felonies as specified by statute 782.04 subsections (3)(a-r), such as arson and burglary
- Third-Degree Murder (Second-Degree Felony):
- When the victim is killed without any intent to cause death
- When the murder is committed during the perpetration of a non-violent felony
Punishments for Murder
Each degree of murder carries a corresponding felony level that is used to decide sentencing. Referring again to both Florida statute 775.082 and 775.083, these are the punishments and fines that can be given for each felony level:
- First-Degree Murder (Capital Felony) – Death Sentence
- Second-Degree Murder (First-Degree Felony) – Up to Life Imprisonment, $10,000 Fine
- Third-Degree Murder (Second-Degree Felony) – Up to 15 Years of Imprisonment, $10,000 Fine
If you or someone you know has been accused of one of these crimes, you will need a seasoned defense attorney who can properly inform you on what legal defenses may be available to you. Call the criminal defense attorneys at Hendry & Parker, P.A., located in downtown Dunedin, at (727) 592-5205 today for a free consultation.