Jon H. Gutmacher, Esq.

Orlando Criminal Defense Lawyer

Former Prosecutor & Police Legal Advisor,

Author: "Florida Firearms -- Law, Use & Ownership",

NRA Certified Firearms Instructor,

NRA Referral Attorney.

JON H. GUTMACHER, P.A.: Orlando Criminal Trial Attorney Services

Homicide Cases: Murder And Manslaughter

Murder and manslaughter are forms of homicide. Murder is the unlawful killing of a human being. It is covered in Florida Statute 782.04. It can be committed a number of different ways, and murder can be charged as first degree murder, second degree murder, or third degree murder. I rarely handle murder cases that do not involve the defense of self defense. These crimes carry substantial penalties, and long mandatory minimum prison sentences. The defense of such cases are extremely expensive, intense, and time consuming. Obviously, a loss will likely result in a long term prison sentence.

Manslaughter is the killing of a human being by culpable negligence without lawful justification. Culpable negligence is an act beyond normal negligence that is so gross and flagrant that it evinces a reckless disregard for human life and the consequences of one’s own actions. It can also be used when prosecuting the use of excessive force that caused the death of another. Manslaughter is covered pursuant to Florida Statute 782.07. It will generally be either a second degree or first degree felony, and will carry a mandatory minimum sentence if a firearm was involved. Like a murder case, these are expensive cases for a client, and intense cases for an attorney. It is rare that a conviction will not involve a lengthy jail sentence.


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