Self-defense is not as straightforward as many people assume, especially if it results in the unintentional killing of another person. Under Florida law, a person may use deadly force if they perceive a threat to their life. This can be a stranger trying to rob them at gunpoint or even a family member threatening them with bodily harm in their home.
However, even in these cases, charges for manslaughter can still come up if authorities believe that the use of force was excessive or not reasonable under the circumstances.
Understanding involuntary manslaughter charges
A person can face charges for manslaughter even if there was no intent to kill or commit the act that resulted in another’s death. A key factor of “involuntary manslaughter” is that it involves “culpable negligence.” This means that a person acted in a way that was wanton or reckless, to the point where it showed a disregard for human life.
For example, someone driving a car carelessly, leading to an accident that killed another person, may face involuntary manslaughter charges. A person may also face these charges if they used excessive force during self-defense or in defense of another person, leading to another’s death.
Penalties for involuntary manslaughter can be severe. They may include up to 15 years in prison, up to 15 years of probation and fines up to $10,000. If the offense involves aggravated manslaughter, such as the manslaughter of a child or an elderly person, it becomes a first-degree felony. This can lead to a maximum of 30 years in prison.
Was the use of force necessary?
Using force to protect oneself can be a valid defense against an involuntary manslaughter charge. The defendant must show that either the death was accidental – meaning the act didn’t qualify as culpable negligence – or that the use of deadly force was justifiable.
It’s important to note that the use of deadly force is only legal if one reasonably believes it is necessary to prevent imminent death, great bodily harm or a violent crime. The law also presumes that using deadly force is reasonable if someone unlawfully enters your home or vehicle.
However, cases like these are complex, and raising a self-defense claim requires a thorough understanding of the law. If you or a loved one are facing serious charges like involuntary manslaughter, working with an experienced attorney is crucial.
