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Negligent homicide is often prosecuted under manslaughter statutes. Negligent homicide is the unlawful killing of a human being without malice, and includes both voluntary and involuntary manslaughter statutes. Both federal and Florida law include heavy fines and severe criminal penalties, including potential mandatory/minimum sentences of up to 25 years and maximum potential sentences of up to life. Mr. Petruzzi has represented numerous individuals charged with, or under investigation for, negligent homicide offenses by both federal and state authorities. His experience and knowledge serve as invaluable assets to his clients.
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Federal negligent homicide offenses are investigated and prosecuted by various agencies, including the FBI, Secret Service, Department of Homeland Security and the Department of Justice. Some common federal statutes criminalizing negligent homicide include:
18 USC Sec. 1112 –
(a) Manslaughter is the unlawful killing of a human being without malice. It is of two kinds:
Voluntary — Upon a sudden quarrel or heat of passion.
Involuntary — In the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death.
(b) Within the special maritime and territorial jurisdiction of the United States, Whoever is guilty of voluntary manslaughter, shall be fined under this title or imprisoned not more than 15 years, or both; Whoever is guilty of involuntary manslaughter, shall be fined under this title or imprisoned not more than 8 years, or both.
Florida negligent homicide offenses are investigated and prosecuted by various state and local law enforcement agencies. Some common Florida statutes criminalizing negligent homicide include:
782.07 Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.—
(1) The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s.775.082, s.775.083, or s.775.084.
(2) A person who causes the death of any elderly person or disabled adult by culpable negligence under s.825.102(3) commits aggravated manslaughter of an elderly person or disabled adult, a felony of the first degree, punishable as provided in s.775.082, s.775.083, or s.775.084.
(3) A person who causes the death of any person under the age of 18 by culpable negligence under s.827.03(3) commits aggravated manslaughter of a child, a felony of the first degree, punishable as provided in s.775.082, s.775.083, or s.775.084.
(4) A person who causes the death, through culpable negligence, of an officer as defined in s.943.10(14), a firefighter as defined in s.112.191, an emergency medical technician as defined in s.401.23, or a paramedic as defined in s.401.23, while the officer, firefighter, emergency medical technician, or paramedic is performing duties that are within the course of his or her employment, commits aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic, a felony of the first degree, punishable as provided in s. 775.082, s.775.083, or s.775.084.
782.071 Vehicular Homicide —
“Vehicular homicide” is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.
(1) Vehicular homicide is:
1. At the time of the accident, the person knew, or should have known, that the accident occurred; and
2. The person failed to give information and render aid as required by s.316.062.
This paragraph does not require that the person knew that the accident resulted in injury or death.
(2) For purposes of this section, a fetus is viable when it becomes capable of meaningful life outside the womb through standard medical measures.
(3) A right of action for civil damages shall exist under s.768.19, under all circumstances, for all deaths described in this section.
(4) In addition to any other punishment, the court may order the person to serve 120 community service hours in a trauma center or hospital that regularly receives victims of vehicle accidents, under the supervision of a registered nurse, an emergency room physician, or an emergency medical technician pursuant to a voluntary community service program operated by the trauma center or hospital.
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