Murder & Homicide Defense

The degree charged at arrest isn’t always the degree the State can prove.

Accused of murder or homicide in Florida

A murder charge is the most serious accusation the State can bring. Florida divides murder into three degrees, and the degree decides whether the case carries a possible death sentence, life in prison, or a term of years. The degree charged at arrest is not always the degree the State can prove.

Murder is one kind of homicide. Florida also charges an unlawful killing as manslaughter or vehicular homicide, separate crimes with their own penalties, and which charge fits the evidence is often where these cases are fought.

Cases like these are built over months, sometimes before an arrest. Your defense should start just as early. Chad M. Seibel is a former prosecutor who now defends people accused of serious felonies.

The degrees of murder

First-degree murder (§ 782.04(1)): capital felony, punishable by death or life in prison without parole. A killing from a premeditated design, or a death during certain listed felonies such as robbery, burglary or kidnapping ("felony murder").
Second-degree murder (§ 782.04(2)): first-degree felony, punishable by up to life in prison. A killing by an act imminently dangerous to others and showing a "depraved mind" without regard for human life, but without premeditation.
Second-degree felony murder (§ 782.04(3)): first-degree felony, punishable by up to life in prison. A death caused by someone else during certain listed felonies the accused was committing.
Third-degree murder (§ 782.04(4)): second-degree felony, up to 15 years in prison. A death without design during a felony that is not on the listed-felony list.

In a first-degree murder case, the State must file notice within 45 days after arraignment if it intends to seek the death penalty.

What the State has to prove

In every degree, the State must prove that the person is dead, that the death was caused by the accused's criminal act or agency, and that the killing was unlawful. Then it must prove what makes it that degree: premeditation, a depraved mind, or the commission of a particular felony.

Those added elements are often where these cases are fought. A charge of premeditated murder may, on the evidence, only support second-degree murder or manslaughter, which carry very different sentences.

Possible defenses

Depending on the facts, a murder defense may involve:

Self-defense or defense of others. A killing that is justified under Florida's use-of-force laws is not a crime.
Identity. Was the accused actually the person responsible? Eyewitness error, weak forensic links and unreliable informants are common problems.
No premeditation or depraved mind. Challenging the mental element may reduce the charge.
Accident or excusable homicide. Florida law treats some accidental killings as excusable.
Suppression of evidence. Statements taken in violation of your rights, or evidence from an unlawful search, may be excluded.
Forensic review. Cause of death, timelines, DNA and digital evidence can be tested by independent experts.

Frequently asked questions

Can someone charged with murder get bond? Not always. For capital and life felonies, Florida law allows a judge to deny pretrial release when the proof is evident or the presumption great. The defense can ask for a hearing to challenge that.

Should I talk to detectives if I haven't been charged? Speak to a lawyer first. You have the right to remain silent and the right to counsel, and investigators often want a statement before an arrest.

What is felony murder? It is a murder charge based on a death that happened during certain serious felonies. The State does not have to prove the accused intended to kill.

How long do murder cases take? It varies, and serious cases can take many months. Investigation, expert work and depositions take time, and rushing rarely helps the defense.

Talk to a defense lawyer today

If you or someone you love is under investigation or has been charged, call 407-846-8008 now for a free, confidential consultation.

Attorney Chad M. Seibel, Of Counsel at Perez LaSure Law. Office in Kissimmee. Consultations and meetings available throughout Florida by appointment. Hablamos español. Atendemos em Português.