Murder is among the gravest criminal charges a person can face. In the state of Florida, murder in all its degrees carry some of the harshest legal penalties associated with any type of crime. If you or a loved one have been arrested and are facing murder charges, now is the time to consult with a skilled criminal defense attorney.
A Winter Park murder lawyer can evaluate all possible defenses for your case and stand by your side through every legal proceeding. We fight for your rights and safeguard your interests at every phase, whether negotiating with the prosecutor or providing a tireless defense at trial.
There are several categories of murder charges under Florida law, all of which carry serious, life-altering penalties. These include first-degree murder, second-degree murder, and third-degree murder. Manslaughter is also a related offense.
A Winter Park attorney can step in from the earliest stages to help you fight a murder charge, or even if formal charges have not been leveled yet. We can make sure that you do not do or say anything that could hurt the case while representing you when dealing with law enforcement and the courts.
A person can be charged with first-degree murder in one of three circumstances. The first situation where a first-degree murder charge would apply is if the alleged act was premeditated.
Another scenario that can lead to a first-degree murder charge is if someone commits or attempts to commit a certain qualifying violent felony crime, and a person is killed in the process. Qualifying crimes include burglary, carjacking, robbery, and kidnapping.
Finally, distributing a controlled substance that results in the death of another person is also generally charged as first-degree murder.
Second-degree murder often involves situations where one person engages in actions or behavior that shows an absolute disregard for human life. For this type of murder charge to apply, the death must not have been premeditated.
Murder that is committed in the heat of the moment but was not planned ahead may also be charged as second-degree murder. Moreover, if a person commits a certain type of felony crime, such as a home invasion, and someone dies but not directly by their hand, they can still be charged with second-degree murder.
If a murder was not premeditated and occurred when the person was committing or attempting to commit a non-violent felony, they may be charged with third-degree murder. In other words, the death was accidental and an unintended consequence of a non-violent crime.
A person can be charged with voluntary manslaughter if they commit an inexcusable act that led to the death of another person or encouraged another person to engage in an act that led to the death. Involuntary manslaughter charges may apply when a person negligently causes the death of another.
The penalties for murder in Winter Park can range from years to life in prison, plus financial penalties, years of probation, a permanent criminal record, and the lifelong impact of having served a prison sentence. A person who is convicted of first-degree murder could face penalties including up to life in prison with no possibility for parole. A second-degree murder charge can still lead to a lifetime prison sentence in the event of a conviction, with a mandatory minimum sentence of 16 and three-quarters years in prison.
Third-degree murder convictions can lead to up to 15 years in jail. The maximum penalties for manslaughter can range from 15 to 30 years in prison. For any murder charge, certain factors can aggravate the sentence attached to the crime. These factors can include the age and identity of the victim, the use of a firearm, and a prior criminal record.
A Winter Park attorney can help with defense that are available to mitigate, dismiss, or dispute the murder charge. Possible defenses could include self-defense, lack of evidence, or even justifiable homicide in some cases. Unlawfully obtained evidence, mental incompetence, or mistaken identity may be plausible defenses against a murder charge.
For any murder charge, as is true with other criminal offenses, the prosecutor must prove their case beyond a reasonable doubt. An experienced Winter Park murder lawyer can examine every angle to challenge the evidence for weakness, inconsistences, or otherwise provide reasonable doubt as to the prosecutor’s assertions.
In other situations, we may advise you to seek a reduced charge or plea deal. Our team of top defense attorneys have extensive access expert witnesses, investigators, and other essential resources, all of which can prove instrumental to raise reasonable doubt. Contact our office today to speak with an attorney to get the tireless legal representation you deserve.
The Umansky Law Firm Criminal Defense & Injury Attorneys
