Frequently Asked Questions About Manslaughter in Florida

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, manslaughter is an extremely serious crime. However, it is often poorly understood, even by some who are relatively well-acquainted with the state’s other homicide laws. This blog will answer frequently asked questions about manslaughter law in Florida.

#1 – What is the definition of manslaughter in Florida?

Florida defines manslaughter under Fla. Stat. 782.07. For manslaughter to occur, all of the following must be true:

• A victim was killed by the act, procurement, or culpable negligence of another (the defendant)
• The killing did not have a lawful justification
• The killing is neither excusable homicide nor murder

Essentially, manslaughter operates in a “limbo zone” between justifiable homicide and murder. It is not punished quite as severely as murder, but the death of a victim was not legally excusable.

#2 – Is manslaughter in Florida a felony?

Yes, manslaughter is typically punished as a second-degree felony in Florida – carrying up to 15 years in prison and a $10,000 fine.

In certain cases, manslaughter is classified as a first-degree felony (up to 30 years in prison and a $10,000 fine), as it is considered aggravated manslaughter.

Aggravated manslaughter occurs when:

• A person causes the death of an elderly person or disabled adult by culpable negligence
• A person causes the death of a child (under 18) by culpable negligence
• A person causes the death of a police officer, a firefighter, EMT, or a paramedic engaged in the performance of their official duties through culpable negligence

#3 – What does “culpable negligence” mean?

Culpable negligence involves “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.” A.C. v. State, 409 So. 3d 170, (Fla. 3d DCA 2025).

Culpable negligence also occurs when someone conscientiously (intentionally) acts in a manner that a reasonable person would know is likely to result in death or great bodily harm. Moore v. State, 790 So. 2d 489 (Fla. 5th DCA 2001)

Examples of culpably negligent acts made include:

• Firing a gun into the air in a crowded area
• Leaving a child unattended in a hot, locked car
• Driving at extreme speeds through a residential neighborhood with heavy pedestrian traffic
• Handling explosives near a group of others

#4 – What does “procurement” mean?

Procurement occurs when someone causes, induces, persuades, or helps another person to commit the act that results in the death of a victim. This covers situations where a defendant may not have personally committed the final act that led to the victim’s death, but set the process in motion.

Examples of manslaughter by procurement under Florida law may include:

• Paying someone to punch a victim, and the victim dies
• Providing a weapon to someone and saying “go bananas” – the person begins to fire off rounds in public and kills someone accidentally 
• Ordering or directing someone else to commit an act leading to someone’s death

Critically, the purpose of the procurement must not specifically be to cause the death of the victim (though it could be to injure them). If someone procures another person to kill the victim and the victim dies as a result, this is no longer manslaughter – it’s first-degree murder. 

#5 – Is manslaughter covered by Florida’s 10-20-Life law?

Yes, manslaughter is covered by Florida’s 10-20-Life law. This statute creates severe mandatory minimum prison sentences if someone commits manslaughter and a firearm is involved in the offense.

The 10-20-Life law (Fla. Stat. 775.087) establishes the following mandatory minimum sentences if someone is convicted of manslaughter or aggravated manslaughter involving a firearm:

• If the firearm was carried or brandished during the commission of the offense (even if on someone’s hip), a mandatory minimum of 10 years in prison
• If the firearm was discharged during the offense but did not injure or kill a victim, a mandatory minimum of 20 years in prison
• If the firearm was discharged and the victim was injured or killed as a result, a mandatory minimum of 25 years to life in prison

If you’re wondering what qualifies as a firearm under Florida law, more information can be found here.

#6 – What are the three types of manslaughter?

There are three categories of manslaughter:

• Voluntary manslaughter: Occurs when someone intentionally kills in the “heat of passion,” but without premeditation (reflection beforehand). The classic example is someone killing their wife’s affair partner in a fit of rage after walking in on her in bed with him.
• Involuntary manslaughter: Results from reckless or culpably negligent actions that inadvertently cause a death. Examples include DUI or BUI manslaughter, vehicular or vessel homicide, or negligent handling of a firearm. The killing was not voluntary, but the recklessness/culpable negligence was.
• Aggravated manslaughter: Occurs when the death of another is caused by culpable negligence and involves certain victims (e.g. kids, elderly, police, EMTs, firefighters). Carries more severe penalties (first-degree felony).

#7 – Does Florida law punish voluntary and involuntary manslaughter differently?

No. Although manslaughter is conceptually broken down into these three categories, Florida law does not even formally recognize the voluntary/involuntary manslaughter distinction. Thus, both of these forms of manslaughter (if not aggravated) are a second-degree felony (up to 15 years in prison and a $10,000 fine, and even more severely if a firearm is involved).

#8 – How does manslaughter differ from third-degree murder?

Third-degree murder (Fla. Stat. 782.04(4)) occurs when the defendant’s actions cause a death during the commission of a nonviolent felony – and the defendant did not have intent to kill. Examples may include: 

• A would-be burglar reaches through someone’s window to steal an iPhone. An elderly neighbor sees this, panics, and has a fatal heart attack.
• Someone steals a parked car (felony theft) and accidentally hits a bicyclist as he pulls out of the lot. The bicyclist dies.
• A person steals $800 (felony theft) of clothes from a store and runs away. As they are fleeing, they accidentally run into a bystander, who hits her head and dies.

Third-degree murder requires proof the defendant was committing a felony at the time of the victim’s death. Manslaughter requires proof of an act, procurement, or culpable negligence that resulted in death – but it does not require that a nonviolent felony was already underway.

#9 – Is vehicular homicide just manslaughter with a car?

No, these are separate crimes. Vehicular homicide is a different statute (Fla. Stat. 782.071), and it occurs when someone recklessly operates a vehicle, causing the death of a victim. 

Manslaughter is a permissive lesser-included offense of vehicular homicide. The difference between the two is that vehicular homicide requires proof of reckless operation of a vehicle for a conviction, whereas manslaughter requires culpable negligent operation.

Someone can be convicted of manslaughter and acquitted of vehicular homicide if the defendant did not operate their vehicle “recklessly” (willful or wanton disregard for human life) but did so in a manner the jury finds to have risen to the level of culpable negligence (gross carelessness that does not require conscious disregard). This is a slightly lower standard.

#10 – What are potential defenses to manslaughter charges?

There are many potential defenses to manslaughter under Florida law. These include:

• Justifiable homicide: Someone may lawfully use deadly force if this was a reasonable and proportional response to a threat to themselves, others, or to prevent the commission of a forcible felony (Stand Your Ground).
• Excusable homicide: Under Fla. Stat. 782.03, excusable homicide occurs when by accident or misfortune, someone dies as a result of another person committing a lawful act with usual caution and without unlawful intent. 
• Lack of culpable negligence: Ordinary negligence (carelessness) is insufficient to support a manslaughter conviction. For example, if someone was driving 5 miles per hour over the speed limit but otherwise “doing everything right,” a fatal car crash will not rise to the level of manslaughter.
• Lack of intent to act or procure (e.g. an involuntary reflex, or someone claims the defendant “put them up” to commit the act that killed the victim when this did not occur)
• Mistaken identity/alibi: If the defendant was not the one who committed the act in question, this defense can be raised (powerful defense if there is actual evidence of mistakenly identifying perpetrator)
• Procedural and constitutional defenses: May include moving to suppress evidence obtained in violation of a defendant’s Fourth Amendment rights, motions to suppress post-arrest statements, etc.
• Lack of proximate cause (e.g. medical malpractice kills the victim after the defendant slapped and cut the victim’s lip open and seeks medical care – defendant is not guilty of manslaughter)
• Insanity: Applies when the defendant 1) had a severe mental disease or defect, and 2)
• because of this mental illness, they either did not understand the nature and consequences of their actions or did not understand their actions were wrong.
• Renouncement after “procurement”: If the defendant withdrew encouragement, and tried to stop someone from committing an act that ultimately killed the victim after ‘procuring’ them, this can serve as a defense to manslaughter by procurement.

In sum, manslaughter is a very serious criminal offense in Florida. By understanding the answer to these FAQs, someone will have a much better grip on the state’s manslaughter laws. If you or a loved one is involved in a manslaughter case, it is vital to contact an experienced, aggressive Florida defense attorney as soon as possible. 

If someone is concerned about being charged with murder, manslaughter or a related offense, it is crucial to find experienced and aggressive legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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