Manslaughter Defense in Fort Myers

Building Your Defense: Fort Myers Violent Crime Attorney

An allegation of criminal manslaughter is so severe that only the best, most aggressive defense attorney should be employed to represent clients who've been accused. Classified as its own type of offense, manslaughter is not charged as a lesser form of murder nor will it be punished as such. Although the offense has been defined as an unintentional act of taking another person's life, manslaughter will not escape harsh judgment from the court, which means that an individual who is currently facing allegations of this nature should act immediately.

The Fort Myers criminal defense lawyer at our office has skillfully defended hundreds of cases in court, and we're ready to do the same for you. Facing the criminal allegations of an offense that has been described as "inexcusable" is a task that has been extensively explored at our office, as the information that is provided below will detail.

Involuntary Manslaughter vs. Voluntary Manslaughter

There exists a distinction between manslaughter that is voluntary and that which is involuntary. Identifying the differences between each is essential to building the right defense on behalf of the individual who has been accused, because one implies intent whereas the other suggests that no intent existed behind the homicidal act.

Involuntary Manslaughter
Crucial to a criminal charge for involuntary manslaughter is the portion of its definition which depicts that the killing of another human was done "without malice aforethought." Using only these three words, a strong defense can be built, because the definition itself suggests that there was no criminal intention behind the unlawful killing of one person by another; thus, a much stronger line of defense can often be developed. Charges of involuntary manslaughter are typically applied to individuals whose personal accidents resulted in the death of another. For example, fatal DUI accidents and motor vehicle collisions are some of the most common types of incidents to result in a charge for involuntary manslaughter.

Voluntary Manslaughter
What distinguishes voluntary manslaughter from involuntary manslaughter is the intent behind the act that ultimately claimed the life of another person. Voluntary manslaughter is still different from murder, however, because it suggests that the intent was not developed prior to the incident. Instead, cases of voluntary manslaughter imply that the intention which ultimately spurred the homicidal act resulted from an impulsive, yet intentional, emotion. Very often, these cases are described as ones that were committed in the "heat of passion," suggesting that a specific circumstance triggered a reaction so strong that the defendant was compelled to commit manslaughter. In order to be considered voluntary manslaughter and not murder, the act must only have been made after an incident that would evoke emotional or mental distress in any reasonably minded person.

About Your Defense

The job of a defense attorney whose task it is to protect a client who has been charged with manslaughter must be up for a challenge. Anytime that another person's life is claimed by the behavior of another, serious legal attention will be paid. Therefore, an equally serious line of defense needs to be developed. For persons facing a charge for involuntary manslaughter, the accusation can be challenged by arguing the accidental nature of the incident. A charge for voluntary manslaughter, on the other hand, requires a significantly different set of tactics.

The method of defense that is ultimately utilized on your behalf will be determined only after an attorney has thoroughly reviewed the circumstances which resulted in criminal charges. That being said, in almost every case, declaring the actual innocence of a defendant is always the best method of approach; however, it is only effective if the prosecuting attorney fails in their ability to prove beyond a reasonable doubt that the defendant is in fact guilty. Therefore, other defense techniques such as claiming self-defense or insanity might be necessary.

Contacting Brian L. Edwards, Esq. presents you with a much stronger likelihood of escaping conviction for manslaughter than you would otherwise stand on your own. When you're up against the harsh eye of the criminal justice system, no expense should be spared in the actions you take to defend yourself.