Murder vs. Manslaughter

If you kill someone, whether it be on purpose or on accident, you could be charged with a crime. The crime you will be charged with will depend on the circumstances. Two main crimes under this category are murder and manslaughter.

Under Florida Statutes 782.04, murder is defined as the unlawful killing of a human being in a premeditated fashion. Premeditation is the act of planning beforehand, so murder means that the killing of another human being was planned. It was not an accident.

Manslaughter, on the other hand, refers to the death of someone that was not planned in advance. There are two types of manslaughter in Florida: voluntary and involuntary. Voluntary is more severe than involuntary manslaughter, but it is not as serious as murder. While it is not premeditated, it typically occurs in the heat of passion. An example would be killing a person who you catch having sex with your spouse.

Involuntary manslaughter involves killing someone due to negligence. A common example is driving while under the influence and causing an innocent victim to die.

Penalties

The penalties for murder and manslaughter depend on the circumstances. In Florida, murder is classified into degrees: 

• First-degree murder. The killing was planned and carried out with forethought, or the killing occurred during the commission of certain felonies, such as robbery or sexual assault, even if the death was unintentional. The penalty is life imprisonment without parole or the death penalty.
• Second-degree murder. This is when the killing was not premeditated but resulted from an act that showed a disregard for human life. Another example would be a death that occurs during certain felonies, where the perpetrator was not the killer but was an accomplice. The penalty is up to life imprisonment.
• Third-degree murder. This occurs when a person unintentionally causes the death of another while committing a non-violent felony. The penalty is up to 15 years in prison.

Manslaughter involves the unlawful killing of another person without any preplanning. Florida law distinguishes between voluntary and involuntary manslaughter:

• Voluntary manslaughter. This includes a killing that occurs in the heat of passion due to adequate provocation. This also includes imperfect self-defense, which means the killing occurs when the perpetrator believes they need to defend themselves but the belief is unreasonable. The penalty is up to 15 years in prison.
• Involuntary manslaughter. This is when the killing results from negligent or reckless conduct without intent to kill or when the killing occurs during the commission of a misdemeanor. The penalties are up to 15 years in prison for a second-degree felony or up to five years in prison for a third-degree felony.

Contact Us Today

Murder and manslaughter both involve someone’s death, but they vary in terms of how the crime is committed. The penalties are also different.

If you have been accused of either of these crimes, you should seek legal help right away. A Florida criminal defense lawyer from Linkhorst Law Firm can help. We can help you plan the right defense for your situation. Schedule a consultation today by filling out the online form or calling 561-626-8880.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0782/Sections/0782.04.html