Homicide Defense Attorney in Jacksonville, FL

What is Homicide?

Generally the term “Homicide” refers to one person causing the death of another person. It’s important to note that not every act of homicide is a crime. And, not all homicide crimes are created equal. Under Florida law, there are a wide range of homicide crimes. The most common types are murder and manslaughter, but they aren’t the only two. And, there are different types and degrees of both murder and manslaughter.

As mentioned earlier, the elements the prosecution must prove beyond a reasonable doubt differ significantly from one homicide crime to another. Now just as the elements of various homicide offenses vary, so do the possible consequences. Your homicide attorney can help ensure that you fully understand the charges against you, the penalties you could face if convicted, and your options for fighting the charges against you.

Types of Homicide Charges

Florida Murder Charges (Florida Statute 782.04)

The terminology surrounding different types of murder charges in Florida can be confusing. For example:

• Murder in the first degree is a capital felony. If convicted of murder in the first degree in Florida the Court will have to impose a sentence of death or life in prison without the possibility of parole. There are also three different scenarios under which the State of Florida can charge an individual with murder in the first degree:
• When the act was premeditated and intended to kill someone
• When the murder occurs while someone is committing or attempting to commit one of several listed serious felonies, including arson, sexual battery, robbery or burglary
• When the death occurred as the result of unlawful distribution of any one of a list of substances, if the person distributing the substance is 18 years of age or older
• Murder in the second degree is a first-degree felony, carrying a possible penalty of up to life in prison. A person is charged with murder in the second degree when:
• They engage in what is commonly described as “depraved heart” murder: committing an act that is imminently dangerous to another person without regard for human life, though without premeditation intent to kill
• When someone is killed by someone else during the perpetration of one of several listed felonies, including robbery, burglary, and kidnapping
• Murder in the third degree is a felony of the second degree carrying a possible sentence of up to 15 years in prison. A person is charged with murder in the third degree when the killing occurs in the commission of a felony other than those listed for murder in the second degree and the defendant acted without intent to kill.

Under Florida Statute 782.065, a person convicted of murder is to be sentenced to life in prison without the possibility of release if the victim was a law enforcement officer, correctional officer, or probation officer engaged in the lawful performance of their duties. The only exception is when the defendant was convicted of murder in the first degree and is sentenced to death.

Manslaughter Charges (Florida Statute 782.07)

Manslaughter is a catchall for unlawful homicide that doesn’t fall under the definition of any of the types of murder or other related crimes. Anyone who kills another person by “act, procurement, or culpable negligence” may be guilty of manslaughter unless the action is excused by another section of the statute.

Manslaughter is a felony of the second degree, which means a possible sentence of up to 15 years in prison. However, the crime is classified as aggravated manslaughter and is a felony of the first degree and punishable by up to life in prison if the defendant:

• By culpable negligence causes the death of an elderly person or disabled adult
• By culpable negligence causes the death of a person under the age of 18
• By culpable negligence causes the death of a firefighter, emergency medical technician or paramedic engaged in their official duties

Other Florida Homicide Charges

While murder and manslaughter make up the bulk of homicide crimes in Florida, there are several other specific crimes that fall under the homicide umbrella, including:

• Attempted felony murder (Florida Statute 782.051), which occurs when someone aids in an act during the commission of the crime that is not essential to the crime itself and could result in death but does not.
• Vehicular homicide (Florida Statute 782.071), which occurs when a person kills another person or an unborn child through reckless operation of a motor vehicle that was likely to cause death or great bodily harm to another.
• Assisting self murder (Florida Statute 782.08), which is charged as manslaughter and occurs when a person deliberately assists another person in ending their own life.
• Killing of an unborn child by injury to the mother (Florida Statute 782.09), which is charged as murder in the first, second, or third degree or as manslaughter depending on what the crime would have been if the mother had been killed.
• Unnecessary killing to prevent unlawful act, (Florida Statute 782.11) occurs when someone unnecessarily kills another person while defending against a felony, and is charged as manslaughter.

Defenses to Murder and Other Homicide Charges

If you’ve been charged with or accused of murder, you’ll want to consult an experienced homicide defense lawyer in Jacksonville right away, before you make any decisions or answer any questions. There’s too much at stake to try to sort it out on your own, even if you are innocent and believe the misunderstanding can be quickly cleared up.

When you consult an experienced homicide lawyer, the attorney can explain the possible defenses in a case like yours in greater depth. Some of the most common defense strategies in a murder case include:

• Attempting to suppress evidence: If your murder attorney can show that evidence against you was obtained in violation of your 4th Amendment rights, they may be able to get that evidence suppressed. That means the jury doesn’t get to see or hear about that evidence. Additional evidence may also be suppressed if the court determines that police wouldn’t have found the other evidence without the illegally obtained evidence. When key evidence is suppressed, the prosecution may not be able to prove its case. That may mean the case is dismissed, your murder lawyer is able to win an acquittal at trial, or a very favorable plea agreement with a reduction in the charge.
• Providing an alibi: One of the most powerful ways to fight a criminal charge is to prove that you couldn’t have committed the crime because you were somewhere else at the time. Some examples of this type of evidence may include cell phone data, time records from your place of employment, testimony of people who were with you or saw you during the time the crime occurred, credit or debit card transactions made on-site close to the time of the crime and security camera footage. Under Florida law, you must provide advance notice of an alibi defense, so you’ll want to speak to a murder defense lawyer right away.
• Arguing justifiable use of deadly force: Florida law allows a person to use deadly force when resisting an attempt to commit murder or another felony against them or in a dwelling where they happen to be. However, “self-defense” is an affirmative defense, meaning that it is up to the defendant to prove that the deadly force they used was justifiable under the law.
• Arguing mistaken identity: Eyewitness testimony can be convincing on the stand, but the truth is that it’s very unreliable. The Innocence Project reports that the overwhelming majority of wrongful convictions involve a false or mistaken eyewitness identification. The burden of proof is on the prosecution, so if the case against you rests on people claiming to have seen you commit the crime or at the scene, your homicide attorney will likely investigate the witnesses for signs of unreliability, look for conflicts between their past statements and discrepancies between the descriptions offered by different witnesses, and seek out witnesses who may have different recollections.
• Holding the prosecution to its burden: The prosecution in a Florida criminal case must prove each element of the crime beyond a reasonable doubt. It’s your homicide defense attorney’s job to hold them to that burden. That may mean identifying weaknesses before trial to use as leverage in negotiations, or showing a jury that the prosecution has failed to meet its burden. In some cases, the prosecution may be unable to prove a certain element of the crime even if they can prove that the defendant killed someone. For example, one type of murder in the first degree requires that the defendant committed the act “from a premeditated design to effect the death of the person killed or any human being.”

Of course, these are just some of the most common ways to defend against homicide charges, and each requires a carefully-formed strategy and supporting evidence. An experienced murder defense lawyer like Matthew Lufrano can be your best resource.

Talk to a Homicide Attorney in Jacksonville Today

So if you or a loved one have been arrested for homicide or are under investigation for such an offense you’ll want to talk to an experienced homicide defense attorney right away. Defense lawyer Matthew Lufrano has dedicated his entire legal career to fighting for people who have been accused of crimes in Florida. He has extensive experience and is prepared to advise and guide your family through the process.

At Lufrano Legal, we offer free consultations to make sure you have the information you and your family need to make good decisions from the beginning. You can schedule yours right now by calling (904) 512-3905 or filling out our contact form.

Florida Murder Defense FAQs