Murder is the unlawful killing of a human being per Florida Statute § 782.04. Law enforcement accuses individuals of this crime who they believe to have intentionally ended another person’s life. A criminal conviction in a murder case will be reliant on the presence of premeditation as well as evidence that you were engaged in the commission of a felony in some cases. The job of your legal defense team is to disprove these elements of the case in an effort to have charges lessened or even dropped altogether if possible.
The Orlando murder defense lawyers at The Umansky Law Firm are seasoned criminal defense attorneys who have successfully argued numerous murder cases and can do the same for you. Prosecutors often look at anyone they accuse of murder to be guilty without giving them their fair shake at justice. Our team of zealous attorneys will engage in negotiation with the state on your behalf and take your case to trial if you so choose. Reach out to us today so that we can start preparing you for your day in court.
Like many other violent crimes, the charge of murder in Florida can be charged in various degrees depending on the details of the incident. In any case, however, murder is a felony crime. The following details each degree of murder in Florida and the associated criminal penalties:
Third-degree murder is homicide free of malice or intent. The individual charged with a third-degree murder also was not committing a felony at the time of the murder. State law requires a mandatory 10 ⅓ year sentence.
With third-degree murder being a second-degree felony, penalties are as follows:
Second-degree murder is a homicide with malicious intent but without premeditation and not while committing a felony. Second-degree murder is a first-degree felony in Florida punishable by:
First-degree murder can be when a person commits either felony murder or premeditated murder. Felony murder is when someone commits homicide during the commission of a felony while premeditated murder is when someone kills another as a part of a devised scheme. In either case, first-degree murder is a capital felony in Florida punishable by:
The crime of attempted murder can be charged in either the first or second degree in Florida. In either case, however, the State will prosecute the matter as if it were a murder case, operating under the pretense that you intended to murder the individual.
The court will consider factors like your criminal record, whether a firearm was involved, and if the alleged crime was gang-related, among others, to determine whether the charge is a first- or second-degree felony. Aside from that, however, the State has guidelines that clarify the severity of the crime.
Attempted murder is a second-degree felony in Florida if the crime was not previously thought out. This crime is punishable by:
Attempted murder is a first-degree felony when the act is premeditated. This crime is punishable by:
Murder cases are notably complex. The prosecution will stop at nothing to get you off of the streets as, to them, you are a menace to society. However, we see you as a human being with rights that deserve protecting. Our experienced team of attorneys will craft a defense strategy catered to the charges you face and the details of your case. Whether you’re facing charges related to first-degree murder, second-degree murder, third-degree murder, vehicular homicide, attempted murder, or otherwise, we’re relentless in our pursuit of justice and ensuring that you’re abreast of the options available in your case while also preparing you for trial.
Under the Florida Anti-Murder Act, a judge has limited authority to grant bond for a felony violation of probation or community control case if the defendant is classified as a Violent Felony Offender of Special Concern. The Florida Department of Corrections prevents these individuals from being released unless the violation is for failure to pay court costs, restitution, or fines.
Learn more about the Florida Anti-Murder Act and the different ways that Florida has structured its bond system to prevent violent felony offenders from reentering society and discover which qualifying offenses can land a defendant on the wrong side of the court.
The Orlando murder defense lawyers at The Umansky Law Firm are former state and local prosecutors with over 100 years of experience among them. We are also Board Certified Criminal Trial Lawyers and Death Penalty Certified Lawyers.
As passionate criminal defense attorneys with a track record of guiding those accused of violent felony crimes to a favorable conclusion to their case, we are confident we can provide you with the legal representation needed to combat the State’s case. Contact us today for a free case evaluation.
Orlando Criminal Defense Attorney