Florida Murder & Homicide Laws: Charges & Penalties
Murder and manslaughter laws have some of the most strict penalties if you are convicted. Your way of life can be altered, even if you’ve just been accused of homicide. These cases tend to catch the media’s attention, which means getting a murder defense lawyer like Attorney Josef Mitkevicius on your side should be one of your first steps in fighting your charges.
Florida law divides homicide charges into two main categories — murder and manslaughter. These charges carry severe penalties, but by definition differ in intent, circumstances, and consequences.
Murder Charges in Florida
Florida law distinguishes the unlawful killing of another person into three classifications. Killing another person is considered unlawful when it is committed with premeditation or malice before the act, when it is committed during another crime, or when it results in giving the victim controlled substances and causing their death.
It’s critical to understand that some charges are affected by the means of the act of murder. For instance, vehicular homicide is the act of killing another person by using a motor vehicle.
First-Degree Murder Charges in Florida
This is the most severe charge, involving premeditated killings or deaths resulting from specific felonies, such as robbery or sexual assault. Convictions carry penalties of life imprisonment or the death penalty.
Second-Degree Murder Charges in Florida
This charge applies to killings caused by acts demonstrating a depraved mind without premeditation. Examples include crimes driven by hatred or recklessness. Convictions can result in life imprisonment.
Third-Degree Murder Charges in Florida
This charge applies when a death occurs during the commission of a non-violent felony without intent to kill. It is punishable by up to 15 years in prison.
What is Manslaughter in Florida?
Manslaughter charges differ from other homicide charges. If you are accused of manslaughter, you are being accused of killing someone through an intentionally or recklessly negligent act. These charges can result from the death of an elderly or disabled adult, the death of a child, or the death of an emergency responder.
Manslaughter charges can be less severe than murder charges, but they are still felonies of the first degree. The penalties can be slightly lesser, but they are still severe.
What’s the Biggest Difference Between Murder & Manslaughter Charges?
There is a key difference between murder and manslaughter charges in Florida — intent to kill. Namely, the prosecution must prove that you intended to kill the victim or that you killed them out of ill will to secure a murder conviction.
If you are facing a manslaughter charge, the prosecution needs to prove that you killed someone out of a negligent action. If they cannot prove you meant to kill the victim, the state could push to charge you with manslaughter instead of murder.
What Should I Do if I’m Suspected of Murder in Florida?
Being arrested for or investigated in connection with murder or manslaughter can be one of the most stressful and life-altering events you may ever face. The decisions you make during this time can significantly impact the outcome of your case.
1. Remain Silent When Asked Questions
The most important thing you can do after being arrested or questioned is to exercise your right to remain silent. Anything you say to law enforcement can be used against you in court. Even seemingly harmless comments can be taken out of context and misinterpreted as evidence of guilt.
- Politely inform law enforcement that you wish to remain silent.
- Avoid trying to explain or justify your actions to police officers or investigators.
2. Request an Attorney Immediately
You have the right to legal representation, and invoking this right is essential. Contact a criminal defense attorney as soon as possible, even if you are only under investigation and not yet charged. An experienced lawyer will:
- Advise you on how to handle law enforcement questioning.
- Prevent law enforcement from overstepping legal boundaries during interrogations or searches.
- Begin building your defense by gathering evidence and investigating the circumstances of your case.
3. Do Not Discuss the Case with Others
Avoid discussing your case with anyone except your attorney. This includes friends, family members, and even cellmates if you are in custody. Conversations with others are not protected by attorney-client privilege and could later be used against you.
4. Preserve Evidence and Keep Records
If you believe there is evidence that supports your innocence, make every effort to preserve it. This could include:
- Contact information for potential witnesses.
- Documentation of your whereabouts at the time of the incident.
- Any communication or documentation that may be relevant to your defense.
Provide this information directly to your attorney and avoid trying to investigate the case on your own.
5. Follow Your Attorney’s Advice
Your criminal defense lawyer will guide you through the legal process, including what to say, what actions to take, and how to conduct yourself in court. Following their advice closely can strengthen your defense and improve your chances of achieving a favorable outcome.
6. Do Not Resist Arrest
If you are arrested, remain calm and comply with law enforcement officers. Resisting arrest can result in additional charges that could complicate your defense. Stay composed, and let your attorney handle any disputes about the legality of your arrest.
