Murder Lawyer

At common law, murder was defined as the unlawful killing of another living human being with malice aforethought. However, today, murder charges are divided into degrees based on the defendant's state of mind.

 

Murder in the First Degree

First degree murder is punishable by death in Florida. Your life is literally at stake. The State must prove that the victim is dead, the death was caused by the criminal act of the defendant and there was a premeditated killing of the victim. Killing with premeditation is killing after consciously deciding to do so. The decision must be present in the mind at the time of the killing. The law does not fix the exact period of time that must pass between the formation of the premeditated intent to kill and the killing. The period of time must be long enough to allow reflection by the defendant. The premeditated intent to kill must be formed before the killing.

 

Murder in the Second Degree

The State must prove the victim is dead, the death was caused by the criminal act of the defendant and there was an unlawful killing of the victim by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life. My Professor in law school used to call this "Depraved heart or mind murder." An act is "imminently dangerous to another and demonstrating a depraved mind" if it is an act or series of acts that:

• a person of ordinary judgment would know is reasonably certain to kill or do serious bodily injury to another, and
• is done from ill will, hatred, spite, or an evil intent, and
• is of such a nature that the act itself indicates an indifference to human life.

In order to convict of Second Degree Murder, it is not necessary for the State to prove the defendant had an intent to cause death.

 

Felony Murder

If a defendant's conduct brought about an unintended death in the commission or attempted commission of a felony, he could be convicted of felony murder. If two guys commit a felony, let's say a robbery, and one guy shoots the clerk, the accomplice is guilty of felony murder. This is so even if the first accomplice did not pull the trigger. In Florida, under the principal theory, if a defendant aids and abets another co-defendant while committing a felony and another person gets killed, the aider and abettor can be found guilty of felony murder. There are different degrees of felony murder in Florida. Note that with felony murder, the State does not need to prove that you (as the accomplice) intended to kill anyone to get a conviction.

 

Manslaughter

Manslaughter is a homicide that is not bad enough to be murder, but is still bad enough to be criminal. The State has to prove that the victim is dead and the death of the victim was caused by the culpable negligence of the defendant. Culpable negligence is more than a failure to use ordinary care toward others. In order for negligence to be culpable, it must be gross and flagrant. Culpable negligence is a course of conduct showing reckless disregard of human life, or of the safety of persons exposed to its dangerous effects, or such an entire want of care as to raise a presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard for the safety and welfare of the public, or such an indifference to the rights of others as is equivalent to an intentional violation of such rights.

The negligent act or omission must have been committed with an utter disregard for the safety of others. Culpable negligence is consciously doing an act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily injury. In Florida, there are sentencing enhancements if the victim is a child, elderly person, disabled person, police officer or firefighter.

 

DUI Manslaughter

The State must prove the defendant drove or was in actual physical control of a vehicle, and while driving or in actual physical control of the vehicle, the defendant was under the influence of alcohol and/or drugs to the extent that his normal faculties were impaired or the defendant had a blood or breath alcohol level of 0.08 or higher. Last, as a result, the defendant caused or contributed to the cause of the death of the victim.

 

Vehicular Homicide or Boat/Vessel Homicide

Many good people with no prior record are charged with vehicular homicide. Generally, it is an unintentional killing via a car or a boat.

To prove the crime of Vehicular or Boat/Vessel Homicide, the State must prove more than a failure to use ordinary care. They must prove the victim is dead, the death was caused by the operation of a motor vehicle or boat by the defendant, and defendant operated the motor vehicle or boat in a reckless manner likely to cause the death of or great bodily harm to another person. The State does not have to prove that the defendant had an intent to harm or injure the victim.
There are enhanced penalties if at the time of the accident, defendant knew, or should have known, that the accident occurred; and defendant failed to give information and render aid as required by law.

However, the State is not required to prove the defendant knew that the accident resulted in injury or death. "Victim" includes a human being or a viable fetus which is killed as a result of any injury to the mother. A fetus is viable when it becomes capable of meaningful life outside the womb through standard medical measures.

 

 

Defenses to Murder Charges

Self Defense as a Defense to Murder
Defense of Others as a Defense to Murder
Justifiable Homicide as a Defense to Murder
Excusable Homicide as a Defense to Murder

 

Florida Murder Defense Lawyer

Self Defense as a Defense to Murder

He hit me first! I was just defending myself! Often, the best defense to a murder or homicide charge is self-defense. The essence of self-defense is someone hit you first, pulled a dangerous weapon or a gun on you or you thought they were going to immediately hit or shoot you and you shot or struck them. The whole issue at trial is going to be whether your actions of self-defense were reasonable. For instance, you can't shoot somebody if they are only using their hands to punch you. However, if the other person had a gun, that's a different story. Generally, the defense has no burden of proof. However, with a self-defense claim, we have to prove that you reasonably believed your conduct was necessary to defend yourself against the accuser's imminent use of unlawful force. Also, we must prove that the use of unlawful force by the accuser must have appeared to you to be ready to take place.

In Florida, there is no duty to retreat. The legislature, after much lobbying from the National Rifle Association, passed this law. This relatively new "stand your ground" law is an excellent tool for murder or homicide criminal defense lawyers. You now have the right to defend yourself and stand your ground, even using deadly force with a gun, if you are abiding by the law and get attacked. However, you must reasonably believe your actions were necessary to prevent death or great bodily harm.

The jury must judge you by the circumstances you were surrounded by at the time the force was used. Every case is different. What is reasonable self-defense is defined by the jury that you and your criminal defense lawyer pick.

 

Defense of Others

I was just protecting another person from a maniac! That's essentially the defense of others.

The whole issue at trial is going to be whether your actions in defending another person were reasonable. For instance, for defense of others, you can't shoot somebody if they are only kicking the other person with their feet. Generally, the defense has no burden of proof. However, with a defense of others claim, we have to prove that you reasonably believed your conduct was necessary to defend another person against the accuser's imminent use of unlawful force. Also, we must prove that the use of unlawful force by the accuser took place or must have appeared to you to be ready to take place.

The jury must judge you by the circumstances you were surrounded by at the time the force was used. Every case is different. What is reasonable defense of others is defined by the jury that you and your criminal defense lawyer pick.

 

Justifiable Homicide

The killing of a human being is justifiable homicide and lawful if necessarily done while resisting an attempt to murder or commit a felony upon the defendant, or to commit a felony in any dwelling house in which the defendant was at the time of the killing.

 

Excusable Homicide

The killing of a human being is excusable, and therefore lawful, under any one of the following three circumstances:

1. When the killing is committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution and without any unlawful intent, or

2. When the killing occurs by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or

3. When the killing is committed by accident and misfortune resulting from a sudden combat, if a dangerous weapon is not used and the killing is not done in a cruel or unusual manner.

"Dangerous weapon" is any weapon that, taking into account the manner in which it is used, is likely to produce death or great bodily harm.