Is Manslaughter a “Crime of Violence”?

Federal law has long barred many convicted felons from legally owning a firearm. In sentencing a person convicted of being a felon in possession of a firearm, a federal judge must consider whether the defendant has at least two prior convictions for a “crime of violence” on their record. If they do, that increases the base offense level used to determine the final sentence.

Federal Appeals Court Overturns Firearms Conviction

Determining what is–and is not–a crime of violence for purposes of the federal sentencing guidelines than you might think. For example, you might think that either attempted robbery or manslaughter would qualify. But according to a recent decision from the United States 11th Circuit Court of Appeals, they do not.

The case before the Court, United States v. Sheely, involved a defendant charged with possession of a firearm and ammunition as a convicted felon. In sentencing the defendant to nearly nine years in prison, the trial court found the defendant had two prior Florida state convictions for a crime of violence, namely attempted robbery and manslaughter.

On appeal to the 11th Circuit, the defendant raised two main issues. First, he argued that his conviction violated the Second Amendment to the United States Constitution. The 11th Circuit rejected that argument. The Court noted it had previously upheld the constitutionality of the statute in question, and there was no Supreme Court decision overruling that precedent.

The defendant’s second argument was that neither attempted robbery nor manslaughter, as defined by Florida law, were crimes of violence. On that point, the 11th Circuit agreed. With respect to attempted robbery, the Court said Florida’s definition of that crime “does not categorically require a defendant to have used, attempted to use, or threatened to use force.” Put differently, the prosecution does not always need to prove that the defendant used violence to commit attempted robbery, so it is not a “crime of violence.”

As for manslaughter, Florida’s definition of that crime allows a defendant to be convicted if they “recklessly” kill another person. And reckless conduct does not qualify as a crime of violence under federal firearms law, according to the 11th Circuit.

To be clear, the 11th Circuit did not reverse the defendant’s conviction. It merely returned the case to the trial court for a new sentencing hearing. The trial judge may still consider other aspects of the defendant’s criminal record in fashioning a new sentence, including a prior Florida conviction for battery.

Contact the Joshi Law Firm Today

There are a number of factors that can make a critical difference in a defendant’s sentence, especially when it comes to something as serious as a firearms charge. This is just one reason you need to work with an experienced Orlando murder manslaughter lawyer if you are facing such charges yourself. Call the Joshi Law Firm, PA, today at 844-GO-JOSHI or contact us online to schedule a free initial consultation.

Source:

scholar.google.com/scholar_case?case=7014094920045693700