If you are facing a murder charge, your future is on the line. The legal elements of murder charges in Florida are complex, which makes it a good idea to understand the basics and know what to expect as you move forward in the process. If you’ve been charged with murder, you need a professional criminal defense attorney in your corner. Don’t wait to consult with a Lake County murder lawyer at The Umansky Law Firm.
Florida has a wide range of murder charges, and each is specific to the circumstances involved.
Every charge related to murder in Lake County is extremely serious, but first-degree murder is the most serious and carries the harshest penalties. First-degree murder involves the intent to kill and premeditation.
Premeditation means that the accused intended to kill their victim and put some planning into it. In other words, it wasn’t a sudden violent act or a crime of passion. First-degree murder isn’t an impulsive or rash act but, instead, requires forethought, regardless of how brief the period of deliberation is.
If the accused contemplated killing the victim, even for a few moments, before committing the crime, the charge of first-degree murder applies. First-degree murder is a capital felony, and a conviction carries a life sentence without the possibility of parole or even the death sentence in the State of Florida.
Second-degree murder lacks the element of premeditation. The charge is defined as the unlawful killing of another person via an imminently dangerous act that reflects a depraved mind without regard for human life. Second-degree murder requires reckless disregard for the victim’s life and an imminently dangerous act that is likely to result in serious bodily harm or death.
A conviction for second-degree murder carries a sentence of up to life in prison and fines of up to $10,000.
Like second-degree murder, manslaughter involves the unlawful killing of another person without premeditation. The distinction is that, while second-degree murder requires depraved indifference for the victim’s life, manslaughter is based on unintentionally killing the victim as a matter of recklessness or negligence. Manslaughter is generally charged as a second-degree felony. Convictions carry up to 15 years in prison and fines of up to $10,000.
Felony murder is a distinct crime that doesn’t focus on intent. Instead, it relates to unintentionally causing a death during the commission of a felony. The reasoning is that felonies are dangerous crimes that set the stage for dangerous consequences.
If the related death is the direct result of the perpetrator’s actions during the commission of the felony, they can be charged with felony murder. The resulting death needn’t be intentional for the charge to apply. The key element of felony murder is the direct relationship between the felony committed and the victim’s death. The underlying crimes that can support a felony murder charge include all the following:
Felony murder is first-degree murder, and accomplice liability applies in Florida. This means that, if more than one person is involved in the commission of the felony, they can all face felony murder charges if someone is killed during the commission of the crime. This is true if only one person is responsible for the death, and it needn’t be intentional.
Because felony murder is a first-degree murder charge, a conviction means a life sentence with no possibility of parole.
While sentencing for murder charges in Lake County is strict, there are factors that can amplify the penalties. For example, when the accused has a prior criminal record, harsher sentencing can apply. Additional aggravating factors include when a deadly weapon is used or when the victim is a child or an elderly person.
A dedicated Lake County murder lawyer at The Umansky Law Firm recognizes the severity of murder charges and dedicates their practice to zealously advocating for optimal case outcomes. We welcome the opportunity to help you, so please don’t wait to contact or call us for more information today.
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