Manslaughter is the unlawful killing or homicide of a human being without the premeditation or malice (malice aforethought) required for the criminal offense of murder.
Many states have two types of manslaughter: (1) voluntary manslaughter—the defendant intended to kill the victim, but did so in self-defense, or in the heat of passion and without premeditation, or the defendant was insane and did not understand that the killing was wrong; and (2) involuntary manslaughter—the defendant negligently or recklessly caused the death of another person—such as when a person is intoxicated while operating a motor vehicle and causes an accident that results in the death of another person.
Some states do not have separate criminal offenses for voluntary and involuntary manslaughter—these states may have the offense of manslaughter and identify certain aggravating factors that may enhance the penalties upon a conviction for manslaughter.
Manslaughter is a felony offense and may be punished by a lengthy prison term. Manslaughter laws are generally located in a state's statutes—often in the penal or criminal code.
In Florida, manslaughter is defined under Florida Statutes Section 782.07 as the killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification and without the premeditation required for murder. Florida recognizes two main types of manslaughter: voluntary and involuntary. Voluntary manslaughter, often described as a killing in the heat of passion, occurs when an individual is provoked and reacts violently, without premeditation. Involuntary manslaughter, on the other hand, involves an unintentional killing resulting from recklessness or criminal negligence, such as a fatal car accident caused by a drunk driver. Manslaughter in Florida is a second-degree felony, which can result in up to 15 years in prison, 15 years of probation, and a $10,000 fine. Certain aggravating factors, like the victim being elderly or a child, can enhance the penalties. It's important for individuals facing manslaughter charges to consult with an attorney to understand the specific implications of these laws on their case.