Tampa & Clearwater Federal Manslaughter Defense Lawyers

The federal government defines manslaughter as the unlawful killing of a human being without malice and within the special maritime and territorial jurisdiction of the United States. They recognized two types of manslaughter, voluntary and involuntary.

Voluntary manslaughter is when a person is killed upon a sudden quarrel or in the heat of passion. An example of voluntary manslaughter would be arguing with a person and things going a little too far. There was not the intention of killing the person but he or she is still dead.

Involuntary manslaughter is when a person is killed during the process of another unlawful act which does not amount to a felony, while acting in an unlawful manner (such as firing a gun into the sky which then results in the death of another citizen), or while acting without due caution or circumspection in a lawful action which might produce death.

The manslaughter provisions are found in Title 18, Section 1112 of the United States Code. This code also outlines sentences for people convicted of manslaughter. For those convicted of voluntary manslaughter, the sentence consists of a fine, up to 10 years in prison, or a combination of the two. Those convicted of involuntary manslaughter can be fined, imprisoned for up to 6 years, or both.

Many manslaughter cases are tricky to understand fully because of all the little loopholes. If a person happens to have a gun or other weapon with him when involuntary manslaughter is committed, it is often viewed as being a worse crime because the accused has a gun. For this reason, among others, it is important to have an experienced and competent criminal defense lawyer creating a defense plan for you.

In addition to the manslaughter statute in the United States Code, other acts are included in the federal code as well. These include murder, attempted murder, murder of employees and officers of the United States, murder or manslaughter of foreign officials, conspiracy to murder, murder by escaped and federal prisoners, and other areas. These statutes are found in Title 18, Sections 1111 through 1121 of the United States Code.

Federal murder carries with a sentence of from 6 years to life imprisonment. Federal attempted murder involves up to 25 years imprisonment.

The federal government also has a statute that provides relief for individuals who are unlawfully incarcerated. The legal term for this is Habeas Corpus, Latin meaning "free the person." In criminal proceedings, federal courts have the ability to order the release of inmates who are being held contrary to the law. This includes both state inmates and those that are held in federal custody. In some instances, courts will release individuals or order new trials in cases where it is deemed that they lacked effective assistance of a lawyer, also known as ineffective assistance of counsel.

Contact the Tampa & Clearwater manslaughter defense lawyers of Tragos & Sartes to discuss your case and determine the best plan of defense for you.