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Manslaughter

Manslaughter has a broad definition under Florida law, and can often be charge in situations that are simply accidents. Police and prosecutors can bow to pressure from external sources such as the victim’s family, but charging a person in connection with the death does not undo the situation. Benjamin Herbst is a South Florida manslaughter lawyer who defends clients in Miami-Dade, Broward and Palm Beach Counties. He also is an experienced Treasure Coast criminal defense attorney and is available 7 days a week to offer a free consultation about your case. Benjamin provides all clients with his cell phone number for access on nights and weekends, and he is never too busy to answer questions in off hours. In addition to producing results, Benjamin places staying in touch with his clients of the utmost importance. Going through a criminal prosecution is stressful and frightening, and here is nothing worse than a criminal defense attorney who does not communicate with clients and their families. Call Benjamin at (954) 543-0305 and learn how he can start fighting for you.

Manslaughter is a second-degree felony under Florida law, which means it can carry up to 15 years in prison upon conviction. The guidelines range for a defendant facing manslaughter charges will be higher than almost all other second-degree felonies due to enhancements for causing the death of another individual. This means that even first-time offenders may face lengthy prison sentences for manslaughter in Florida if they are not represented by a skilled criminal defense lawyer. Manslaughter is defined as causing the death of another person by an act of culpable negligence. Culpable negligence is a second-degree misdemeanor under Florida law, but when a death results from the act or acts the case becomes entirely different. Culpable negligence has a broad definition, which includes any type of reckless or careless actions that show disregard for the safety of another person. Common acts of culpable negligence include carelessness with weapons and firearms or the misuse of drugs and alcohol. Any reckless behavior involving a vehicle or vessel falls under a separate statute for homicide by vessel or vehicle, so it is not technically manslaughter.

Florida criminal laws typically provide enhanced penalties for any harm done to elderly victims and children. When an act of negligence causes the death of an elderly or disabled adult, or a child charges of aggravated manslaughter may be filed against the defendant. Firefighters, emergency medical technicians and paramedics are also included in this section. Aggravated manslaughter is a first-degree felony under Florida law with a maximum penalty of 30 years in prison. Once again, even first-time offenders could be at risk of their entire life being drastically changed based on an act of culpable negligence, and it does not matter if the defendant never intended for anyone to get hurt. For this reason, it is one of the harshest criminal laws on the books and must be handled by a skilled and experienced lawyer. Benjamin Herbst specializes in felony criminal defense and handles adult and juvenile manslaughter cases in all South Florida jurisdictions. He is able to meet 7 days a week at his Fort Lauderdale and West Palm Beach offices, as well as any other convenient location from South Miami to Port St. Lucie. Contact Benjamin today and learn how he can fight to have the charges dropped or reduced, and assure that the case is resolved in the best possible way. Benjamin always keeps his clients informed throughout the process, as criminal cases can take time. The longer a case takes the more stressful it can be, but Benjamin will do whatever it takes to minimize the stress on his clients and their families.


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My family and I could not be more grateful for everything you did for me. I truly thought my future would be permanently impacted and I would never be able to join the military or even go to college. Because of your hard work I still have the opportunity to do both. Thank you so much! - T.S.
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Hiring you was the best decision I’ve made in a long time. Thank you for supporting me and for your willingness to take the state to trial. Another lawyer may have tried to get me to take a plea, but you were ready to fight from day one. I’m so glad to have this case behind me, and have you to thank for it. - R.D.
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I can’t thank you enough for your personal attention to the mess I got myself into. You don't know what a relief it is to be done with this criminal case. I never ever thought I would have been charged with a crime, but having you as my lawyer made the entire situation bearable. You gave me confidence that I would be able to overcome this from day one, and you followed through. Take care of yourself and your family, and thanks again for everything! - S.S.
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You never backed down from the state, and you supported my decision to go to trial. Then you delivered in court. I appreciate you Ben. - T.C
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I appreciate the hard work you put into my case, and my wife and I can’t thank you enough. Without you I could have lost everything. I’ll never forget what you did for me. - J.B.
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