Orlando Criminal Attorney & Orange County Florida DUI Lawyer -
| Call Today: (407) 648-5255 |
| Florida Homicide & Manslaughter Crimes |
WILSON
LAW FIRM, P.L.
Attorney at Law
LAW FIRM, P.L.
Attorney at Law
W
| Free Initial Consultation |
Call the Wilson Law Firm Today at: (407) 648-5255
Available 24 Hours a Day 7 Days a Week
Available 24 Hours a Day 7 Days a Week
| Wilson Law Firm, P.L. 232 Hillcrest Street, Orlando, FL 32801 Tel: (407) 648-5255 |
The Firm Accepts:
Orange County Florida Criminal Attorney & Orlando DUI Lawyer - The hiring of an attorney is an important decision which should not be based solely on
advertisements. The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only
general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
Firm to speak with an Orlando criminal defense lawyer and Orange County Florida DUI attorney today. The Wilson Law Firm, P.L. © 2010
advertisements. The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only
general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
Firm to speak with an Orlando criminal defense lawyer and Orange County Florida DUI attorney today. The Wilson Law Firm, P.L. © 2010
Orlando Florida Criminal Lawyer - Homicide & Manslaughter:
These cases involve death, and the offender faces the possibility of being
sentenced to significant State Prison time if found guilty of the offense. If you
have been accused of this crime, you should speak with an experienced
criminal defense attorney as soon as possible to learn about your rights
and the defenses that may be available to you.
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following Florida Statues provide some information regarding criminal offenses Homicide & Manslaughter:
Florida Statute 782.03 - Excusable homicide.
Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with
usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon
any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and
not done in a cruel or unusual manner.
Florida Statute 782.071 - Vehicular homicide.
“Vehicular homicide” is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused
by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm
to, another.
(1) Vehicular homicide is:
(a) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:
1. At the time of the accident, the person knew, or should have known, that the accident occurred; and
2. The person failed to give information and render aid as required by s. 316.062.
This paragraph does not require that the person knew that the accident resulted in injury or death.
(2) For purposes of this section, a fetus is viable when it becomes capable of meaningful life outside the womb
through standard medical measures.
(3) A right of action for civil damages shall exist under s. 768.19, under all circumstances, for all deaths described
in this section.
(4) In addition to any other punishment, the court may order the person to serve 120 community service hours in a
trauma center or hospital that regularly receives victims of vehicle accidents, under the supervision of a registered
nurse, an emergency room physician, or an emergency medical technician pursuant to a voluntary community
service program operated by the trauma center or hospital.
DUI Manslaughter - Florida Statute 316.193 - Provides that any person who is driving or in actual physical
control of a vehicle within this state is under the influence as defined in Florida Statute 316.193 and causes the death
of any human being or unborn quick child that they commit a DUI manslaughter which is either
1) a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 or
2) a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if :at the time of the
crash, the person knew, or should have known, that the crash occurred; and the person failed to give information and
render aid as required by s. 316.062.
Florida Statute 782.072 - Vessel homicide.
“Vessel homicide” is the killing of a human being by the operation of a vessel as defined in s. 327.02 by another in a
reckless manner likely to cause the death of, or great bodily harm to, another. Vessel homicide is:
(1) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:
(a) At the time of the accident, the person knew, or should have known, that the accident occurred; and
(b) The person failed to give information and render aid as required by s. 327.30(1).
BUI Manslaughter - Florida Statute 327.35 - Provides that any person who is operating a vessel within this state
he person is under the influence as defined in Florida Statute 327.35 and cause the death of any human that they
commit BUI manslaughter which is either
1) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 or
2) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if at the time of the
accident, the person knew, or should have known, that the accident occurred; and the person failed to give
information and render aid as required by s. 327.30.
Florida Statute 782.07 - Manslaughter; aggravated manslaughter of an elderly person or disabled adult;
aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical
technician, or a paramedic.
(1) The killing of a human being by the act, procurement, or culpable negligence of another, without lawful
justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable
homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) A person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102
(3) commits aggravated manslaughter of an elderly person or disabled adult, a felony of the first degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(3)
commits aggravated manslaughter of a child, a felony of the first degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(4) A person who causes the death, through culpable negligence, of an officer as defined in s. 943.10(14), a
firefighter as defined in s. 112.191, an emergency medical technician as defined in s. 401.23, or a paramedic as
defined in s. 401.23, while the officer, firefighter, emergency medical technician, or paramedic is performing duties
that are within the course of his or her employment, commits aggravated manslaughter of an officer, a firefighter, an
emergency medical technician, or a paramedic, a felony of the first degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
Florida Statute 782.08 - Assisting self-murder.
Every person deliberately assisting another in the commission of self-murder shall be guilty of manslaughter, a
felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Florida Statute 782.11 - Unnecessary killing to prevent unlawful act.
Whoever shall unnecessarily kill another, either while resisting an attempt by such other person to commit any felony,
or to do any other unlawful act, or after such attempt shall have failed, shall be deemed guilty of manslaughter, a
felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
_________________________________________________
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense lawyer about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
These cases involve death, and the offender faces the possibility of being
sentenced to significant State Prison time if found guilty of the offense. If you
have been accused of this crime, you should speak with an experienced
criminal defense attorney as soon as possible to learn about your rights
and the defenses that may be available to you.
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following Florida Statues provide some information regarding criminal offenses Homicide & Manslaughter:
Florida Statute 782.03 - Excusable homicide.
Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with
usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon
any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and
not done in a cruel or unusual manner.
Florida Statute 782.071 - Vehicular homicide.
“Vehicular homicide” is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused
by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm
to, another.
(1) Vehicular homicide is:
(a) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:
1. At the time of the accident, the person knew, or should have known, that the accident occurred; and
2. The person failed to give information and render aid as required by s. 316.062.
This paragraph does not require that the person knew that the accident resulted in injury or death.
(2) For purposes of this section, a fetus is viable when it becomes capable of meaningful life outside the womb
through standard medical measures.
(3) A right of action for civil damages shall exist under s. 768.19, under all circumstances, for all deaths described
in this section.
(4) In addition to any other punishment, the court may order the person to serve 120 community service hours in a
trauma center or hospital that regularly receives victims of vehicle accidents, under the supervision of a registered
nurse, an emergency room physician, or an emergency medical technician pursuant to a voluntary community
service program operated by the trauma center or hospital.
DUI Manslaughter - Florida Statute 316.193 - Provides that any person who is driving or in actual physical
control of a vehicle within this state is under the influence as defined in Florida Statute 316.193 and causes the death
of any human being or unborn quick child that they commit a DUI manslaughter which is either
1) a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 or
2) a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if :at the time of the
crash, the person knew, or should have known, that the crash occurred; and the person failed to give information and
render aid as required by s. 316.062.
Florida Statute 782.072 - Vessel homicide.
“Vessel homicide” is the killing of a human being by the operation of a vessel as defined in s. 327.02 by another in a
reckless manner likely to cause the death of, or great bodily harm to, another. Vessel homicide is:
(1) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:
(a) At the time of the accident, the person knew, or should have known, that the accident occurred; and
(b) The person failed to give information and render aid as required by s. 327.30(1).
BUI Manslaughter - Florida Statute 327.35 - Provides that any person who is operating a vessel within this state
he person is under the influence as defined in Florida Statute 327.35 and cause the death of any human that they
commit BUI manslaughter which is either
1) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 or
2) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if at the time of the
accident, the person knew, or should have known, that the accident occurred; and the person failed to give
information and render aid as required by s. 327.30.
Florida Statute 782.07 - Manslaughter; aggravated manslaughter of an elderly person or disabled adult;
aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical
technician, or a paramedic.
(1) The killing of a human being by the act, procurement, or culpable negligence of another, without lawful
justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable
homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) A person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102
(3) commits aggravated manslaughter of an elderly person or disabled adult, a felony of the first degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(3)
commits aggravated manslaughter of a child, a felony of the first degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(4) A person who causes the death, through culpable negligence, of an officer as defined in s. 943.10(14), a
firefighter as defined in s. 112.191, an emergency medical technician as defined in s. 401.23, or a paramedic as
defined in s. 401.23, while the officer, firefighter, emergency medical technician, or paramedic is performing duties
that are within the course of his or her employment, commits aggravated manslaughter of an officer, a firefighter, an
emergency medical technician, or a paramedic, a felony of the first degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
Florida Statute 782.08 - Assisting self-murder.
Every person deliberately assisting another in the commission of self-murder shall be guilty of manslaughter, a
felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Florida Statute 782.11 - Unnecessary killing to prevent unlawful act.
Whoever shall unnecessarily kill another, either while resisting an attempt by such other person to commit any felony,
or to do any other unlawful act, or after such attempt shall have failed, shall be deemed guilty of manslaughter, a
felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
_________________________________________________
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense lawyer about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
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Orange County Florida Criminal Lawyer & Orlando DUI Attorney
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| Florida Crimes & Laws |
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