Jacksonville Criminal Defense Attorney Blog
A man who punched another man and ended up killing him was charged with manslaughter, several months after the incident. The defendant left a gun hidden in a book at the other man’s house and, when the resident found the gun, he turned it over to police, according to a report in the Florida Times-Union. The defendant was upset and argued with the man about getting rid of the gun, the newspaper reported. The defendant left but then came back and punched the man, who fell back and hit his head on the ground. The man was taken to the hospital and died the next day, the newspaper reported.
The defendant is now charged with manslaughter in the August killing. Manslaughter is a second-degree felony punishable by up to 15 years in state prison. Manslaughter is legally defined in the state of Florida as “the killing of a human being by the act, procurement, or culpable negligence of another, with lawful justification.” Manslaughter is charged in Jacksonville Violent Crime Cases where the outcome ends up being far more severe than the intent. In this Jacksonville Manslaughter Case, the defendant was angry and threw a punch at the victim. Once he hit him, he left, according to the newspaper report. There was clearly not intent to kill the person in this case. Even if there is not a weapon involved, the state can still charge a person with murder – depending on the intent. For example, if the defendant in this case would have repeated punched the man while he was unconcscious and did not get up or stop until the man was dead, then a murder charge could apply. Manslaughter can also become a first-degree felony with a 30-year maximum sentence if the victim is a child, an elderly adult or disabled.
The man who was killed in this Jacksonville Manslaughter Case was 45 years old and there is nothing in the newspaper report to suggest he was disabled. Manslaughter is a charge that has infinitely more to do with the outcome in a case than it does the intent of the act. Had the man not fallen backward, the defendant would have likely been charged with a battery charge – a first-degree misdemeanor punishable only by time in the county jail – or at worst a felony battery with a maximum sentence of five years in state prison. Our Jacksonville Criminal Defense Attorney represents people accused of all levels of violent crimes – including cases like this whether the results are far worse than intended. Our Jacksonville Criminal Defense Attorney will thoroughly investigate the facts of the case and lay out all of the consequences and potential outcomes so you or your loved one can make the best decision going forward.
If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Violent Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.