Father Charged With Aggravated Manslaughter After 1 Year Old’s Overdose

In June 2024, a Jacksonville father was charged with aggravated manslaughter after his 1-year old died of a cocaine overdose while in his care. The father and a female companion had “fallen asleep” in the car along with the child, and when the adults awoke, they saw the child was not responsive. This is indicative of a trend of sorts, with child overdoses increasing in Florida in recent months and years. It is to prevent this type of tragedy that Florida’s legislature has passed severe laws punishing those who allow these deaths to happen.

Drug Deaths Can Be Murder

Florida takes drug crimes very seriously, from possession to trafficking. This extends to situations in which another person is affected by the use or sale of illegal drugs – most notably, the state’s homicide statute was modified in recent years to govern deaths directly traceable to the ingestion of drugs another person procured. In other words, the death of a person who ingested illegal substances when that is “proven to have caused” (or been a substantial factor in) their passing is characterized as murder in Florida.

Homicide, or murder, is the deliberate unlawful killing of a human being. Manslaughter, the crime the Jacksonville father was charged with, is essentially homicide without intent; a charge of manslaughter means that a victim has died due to the action (or inaction) of a defendant, but that there was no intent on the part of the defendant to kill. While it is a lesser charge, the potential penalties are still severe.

Potential Consequences Stack Up

Even if the victim in this case had survived, it is very likely that the father would face criminal charges (and civil litigation, if the boy’s mother or another interested party saw fit to file suit for wrongful death). Perhaps the most likely charge is child neglect; Florida defines this as the failure on a parent’s part to “make a reasonable effort” to protect a child from neglect, abuse, or exploitation.

If you have been charged with child neglect or with any other offense related to a child’s overdose, know that the potential penalties are very serious. The Jacksonville father faces up to 30 years in prison if convicted of aggravated manslaughter; the sentence for standard manslaughter is a maximum of 15 years, as is the sentence for child neglect or abuse with great bodily harm – and this is in addition to any prison time imposed if you are convicted on drug charges. If you are in this type of situation, you need an experienced attorney to make sure that your rights are protected.

Call A West Palm Beach Drug Offenses Attorney

While it remains to be seen what the outcome of the Jacksonville father’s case will be, the little boy who died means that consequences are inevitable. A West Palm Beach drug offenses attorney from the firm of Perlet & Shiner, P.A. can ensure that you get your day in court if you should ever find yourself in a similar situation. Call our office today to speak to an attorney.

Source:

news4jax.com/news/local/2024/06/20/child-overdoses-on-drugs-becoming-distressingly-frequent-experts-warn/