Manslaughter Attorney in Jacksonville

Charged With Manslaughter in Jacksonville? We’re Ready to Help You Regain Control

Being investigated for or charged with manslaughter in Jacksonville is an overwhelming experience that can bring fear and uncertainty about what comes next. In times like these, choosing a manslaughter attorney in Jacksonville who understands both sides of the courtroom is essential for regaining some sense of control.

At Law Office of Russell B. McCormick, PA, we have a deep understanding of the challenges individuals face when accused of serious crimes in Jacksonville. Attorney McCormick’s background as a former prosecutor means we know what strategies the State Attorney’s Office is likely to use, and we can anticipate how the case may unfold.

With direct access to Attorney McCormick, our clients can expect 24/7 availability and the advantage of a central office location near the Duval County Courthouse and jail. We strive to provide convenient, effective representation at the times you need it most.

Secure a powerful Jacksonville manslaughter lawyer. We offer free initial consultations. Reach our firm today at (904) 353-0436 or fill out our online form to start.

Understanding Florida Manslaughter Law

Florida law defines manslaughter as the killing of a human being by the act, procurement, or culpable negligence of another, without the legal justification required for excusable homicide or the premeditation required for murder. 

Manslaughter charges in Jacksonville may result from accidental deaths, altercations, or alleged reckless conduct such as vehicular violent crimes. Our team carefully examines all evidence, independently investigates facts, and, when needed, consults with forensic experts.

The charge is typically broken down into three distinct forms:

Voluntary Manslaughter (Manslaughter by Act)

This occurs when the defendant commits an intentional act that results in death, but without premeditation (e.g., in the "heat of passion" or during a sudden quarrel). The State must prove the act that caused death was intentional, even if the death itself was not planned.

Involuntary Manslaughter (Manslaughter by Culpable Negligence)

This occurs when a person's conduct is so reckless or negligent that it causes death. The State must prove culpable negligence, which is defined as:

A gross and flagrant character, evincing a reckless disregard of human life, or an entire want of care which would raise the presumption of a conscious indifference to consequences.

Simple negligence (a mere failure to use ordinary care) is not enough for a conviction. This high standard of proof is the main defense battleground for a Jacksonville manslaughter lawyer.

DUI Manslaughter

This is a separate second-degree felony, committed when a person causes death while operating a vehicle while impaired. Critically, DUI Manslaughter only requires proof of simple negligence—the lowest standard—because the dangerous act (impaired driving) is already proven.

Penalties and Collateral Consequences of a Manslaughter Conviction in Florida

A manslaughter conviction results in life-altering consequences far beyond the prison term.

• Prison Sentence: Up to 15 years for a Second-Degree Felony and up to 30 years for Aggravated Manslaughter (First-Degree Felony). DUI Manslaughter carries a mandatory minimum of 4 years in prison.
• Permanent Felony Record: Loss of the right to vote, serve on a jury, and permanent loss of the right to possess firearms.
• Immigration: Considered an aggravated felony for non-citizens, leading to mandatory detention and deportation.
• Reputational Damage: Permanent social and professional stigma that prevents employment, especially in licensed fields.

Our Defense Strategy Against Manslaughter Charges in Jacksonville

Successfully defending a manslaughter charge requires challenging the specific standard of intent, provocation, or negligence the State relies upon.

• The Standard of Negligence (Involuntary Manslaughter): We focus on proving that the act, while possibly negligent, did not meet the high threshold of culpable negligence. We introduce evidence that the actions were accidental, unintentional, or that the client exercised some degree of reasonable care, thereby demonstrating that the conduct was not a "gross and flagrant" disregard for life.
• Lack of Justification (Self-Defense / Excusable Homicide): The prosecution must prove the killing was unlawful, meaning it was not justifiable or excusable.
  • Justifiable Homicide: We assert self-defense under Florida's Stand Your Ground Law. If the client reasonably believed the use of force (even deadly force) was necessary to prevent imminent death or great bodily harm, the act is justified and the charge must be dismissed.
  • Excusable Homicide: We argue the death was an accident that occurred during the commission of a lawful act, without any unlawful intent or culpable negligence.
• Proximate Causation: In cases like DUI Manslaughter or Vehicular Homicide, we challenge whether the client's alleged impairment or negligent act was the direct proximate cause of the victim's death.