No other type of criminal charge defined under Florida state law is prosecuted more severely than the unlawful killing of another person. It is one of the few offenses in the Sunshine State which may be punishable by the death penalty. Even variations of this offense that do not carry capital punishment upon conviction will still be severe felonies that can lead to decades of prison time.
No one can guarantee a positive resolution to a criminal trial based on allegations of murder. Working closely with a seasoned defense attorney could substantially improve your chances of getting a favorable result. Throughout the entire proceeding, a Winter Garden murder lawyer could enforce your rights and work tirelessly to build a defense on your behalf.
Florida Statutes § 782.04 defines three distinct degrees of criminal murder, each differentiated by the circumstances surrounding the defendant’s actions. Third-degree murder entails someone killing someone else while committing or attempting to commit a violent felony. It is prosecuted as a second-degree felony carrying a maximum 15-year prison term and $10,000 fine upon conviction.
Second-degree murder involves killing another person while committing one of the specific violent felonies listed under Fla. Stat. § 782.04(3), or in the course of any “imminently dangerous” act demonstrating “a depraved mind regardless of human life.” It constitutes a first-degree felony for which the maximum possible sanction would be life imprisonment. For both third-degree and second-degree murder charges, there is no requirement for the prosecution to prove that the defendant intended to cause fatal harm to the targeted person or that their actions were premeditated.
Conversely, first-degree murder is the intentional and premeditated killing of another person, or the killing of another person during the commission of one of the offenses listed under Fla. Stat. § 78.204(1)(a)(2). As a Winter Garden murder attorney could further explain, individuals convicted of this offense may face the death penalty at the court’s discretion, based on the presence of one or more aggravating factors, such as sexual battery, robbery, burglary, and child abuse, among others.
Of course, the ideal outcome for the defendant in a murder case is one which exonerates them of any involvement in the death. Barring that, there may be times where it is necessary to concede involvement in the death while establishing that the defendant’s actions only constitute manslaughter as defined under Fla. Stat. § 782.07. This is preferable to a conviction for felony murder. It is critical to discuss strategy this with a murder defense lawyer in Winter Garden.
For example, Fla. Stat. § 782.02 states that the use of deadly force is justifiable if it is specifically used to resist attempted murder or any felony offense against the defendant. Additionally, Fla. Stat. § 782.03 defines “excusable homicide” as homicide committed on accident in the course of the defendant acting lawfully and with reasonable caution; or in the course of the defendant reacting in the moment to a sudden provocation that was started by someone else.
There is absolutely no time to delay if you have been charged with, or are even under preliminary investigation, for murder. The steps you take now to protect your rights and best interests will have a major effect on the rest of your life.
With that in mind, your top priority after a murder charge should be to retain legal representation from The Umansky Law Firm Criminal Defense and Injury Attorneys. Call today to discuss how a Winter Garden murder lawyer could assist you.
The Umansky Law Firm Criminal Defense & Injury Attorneys
