Federal Manslaughter in Miami

Federal law has two kinds of manslaughter, with very different penalties. Whether a death is charged as murder, voluntary manslaughter, or involuntary manslaughter often turns on one question: what was the person's state of mind?

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

Voluntary Manslaughter (Pattern Instr. O46.1)

What the Government must prove (Elements):

1. The victim was killed.
2. The defendant caused the victim's death.
3. The defendant acted intentionally but without malice and in the heat of passion.
4. The killing occurred within federal jurisdiction.

"Heat of passion" means a passion of fear or rage in which the defendant loses normal self-control because of circumstances that would provoke that passion in an ordinary person, but which did not justify the use of deadly force.

Penalty: up to 15 years and a fine.

Involuntary Manslaughter (Pattern Instr. O46.2)

What the Government must prove (Elements):

1. The victim is dead.
2. The defendant caused the victim's death.
3. The death resulted from the defendant committing an unlawful act that was not a felony, committing a lawful act in an unlawful manner, or acting with wanton and reckless disregard for human life.
4. The defendant knew, or could reasonably have foreseen, that the conduct was or could be a threat to the lives of others.
5. The killing took place within federal jurisdiction.

The Government does not have to prove an intent to cause death. But it must prove more than ordinary negligence or a failure to use reasonable care: it must prove gross negligence amounting to wanton and reckless disregard for human life.

Penalty: up to 8 years and a fine.

Attempted Manslaughter

Under 18 U.S.C. § 1113, an attempt to commit manslaughter within federal jurisdiction carries up to 7 years.

Federal judges also consider the advisory U.S. Sentencing Guidelines.

Defense Themes

• Murder or manslaughter. Malice is what separates them. Once there is evidence of extreme provocation, the instruction's notes say the Government must prove the absence of heat of passion beyond a reasonable doubt before a murder conviction can stand.
• Negligence is not enough. For involuntary manslaughter, a careless mistake is not a crime under this instruction. The Government must prove wanton and reckless disregard for human life.
• Foreseeability. The Government must prove the defendant knew, or could reasonably have foreseen, the danger to others.
• Causation. Medical evidence on how and why the person died is reviewed with qualified experts where appropriate.
• Self-defense. Heat of passion assumes the force was not justified. If it was, the case is different.
• Jurisdiction. The event must have happened within federal jurisdiction as charged.

Florida's own manslaughter and culpable-negligence laws are different. See Murder & Homicide and Culpable Negligence.

What to Do First

1. Do not explain what happened to agents or investigators without a lawyer.
2. Preserve evidence: photos, video, medical records, and witness names.
3. Call us. See Turning Yourself In if you learn of a warrant.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

What is the difference between voluntary and involuntary manslaughter?

Voluntary manslaughter is an intentional killing without malice, in the heat of passion. Involuntary manslaughter is an unintentional killing caused by an unlawful non-felony act, a lawful act done unlawfully, or wanton and reckless conduct.

Can a murder charge end as manslaughter?

The pattern instructions' notes say manslaughter instructions may need to be given in a murder case when the evidence supports them.

Is an accident a crime?

Not under this instruction unless the Government proves more than negligence: wanton and reckless disregard for human life, plus the other elements.