What is the difference between Manslaughter and Murder in Florida?
In criminal law and deciding on which crime to charge someone with, is all about establishing the defendant's intent. If a defendant has time to reflect before committing the action, then the defendant is acting with mens rea, or, a guilty mind. The punishment for someone who acts with this label of intent is usually higher than someone who acts in the "heat of passion."
For example, when someone acts out of a "heat of passion" usually means its no premediated. The person is enraged about something and instead of cooling off, he or she commits a terrible act and is ultimately charged with manslaughter (depending on the facts).
Manslaughter is still very serious and can carry extensive jail time but there are different elements involved as opposed to murder. There are different levels of intent for the different degrees for murder as well.
For more information, you should speak with an attorney.
Michael A. Atter
Former Prosecutor
Keith L. Maynard
Former Assistant Public Defender
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