Aggravated Manslaughter of a Child in Florida
Unlike simple manslaughter, Aggravated Manslaughter of a Child can only be committed by a child's caregiver.
If accused of Aggravated Manslaughter of a Child in Florida, you need to know the:
- Definition of Aggravated Manslaughter of a Child
- Penalties for Aggravated Manslaughter of a Child
- Defenses to Aggravated Manslaughter of a Child
Definition of Aggravated Manslaughter of a Child
The crime of Aggravated Manslaughter of a Child is committed when a person:
- Causes the death of a child (a person under the age of 18);
- The child's death was caused by the defendant's culpable negligence;
- The defendant was a caregiver to the child; and
- The defendant's culpable negligence constituted Neglect of a Child.
A Caregiver is defined as a parent, adult household member, or other person responsible for a child’s welfare.
Culpable negligence is a course of conduct showing reckless disregard of human life, or of the safety of persons exposed to its dangerous effects, or such an entire want of care as to raise a presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard for the safety and welfare of the public, or such an indifference to the rights of others as is equivalent to an intentional violation of such rights.
Neglect of a Child
Neglect of a child occurs when a caregiver fails to provide a child with the care, supervision, and services necessary to maintain the child’s physical and mental health that a prudent person would consider essential for the well-being of the child.
Penalties for Aggravated Manslaughter of a Child
The crime of Aggravated Manslaughter of a Child is classified as a First Degree Felony and is assigned a Level 10 offense severity ranking under Florida's Criminal Punishment Code.
If convicted of Aggravated Manslaughter of a Child, a judge is required to impose a minimum sentence of 16¾ years in prison absent grounds to impose a downward departure sentence and can also impose any combination of the following penalties:
- Up to Life in prison.
- Up to Life on probation.
- Up to $10,000 in fines.
Defenses to Aggravated Manslaughter of a Child
The killing of a human being is excusable, and therefore lawful, under any one of the following three circumstances:
- When the killing is committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution and without any unlawful intent, or
- When the killing occurs by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or
- When the killing is committed by accident and misfortune resulting from a sudden combat, if a dangerous weapon is not used and the killing is not done in a cruel or unusual manner.
The killing of a human being is justifiable homicide and lawful if done while resisting an attempt by someone to kill you or to commit a felony against you.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Aggravated Manslaughter of a Child in Central Florida or the greater Orlando area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.