Murder Homicide FAQ

What is Homicide?

A homicide occurs when another human being has been killed. When one human being kills another human being, whether it is in self-defense or premeditated murder not, that is a homicide.

What is Murder?

Murder is when one human being unlawfully takes another human being’s life.

What happens if I kill a person in self-defense?

You have the right to defend and protect yourself, as well as the one’s you love, but an investigation will take place. You will have to be able to prove it was an act of self-defense and you did not plan in any way to kill the victim. This is why there are varies types of homicide charges because accidental homicides do happen.

What is Manslaughter?

In the state of Florida, if the death of one person is caused by another person’s actions or negligence, without lawful justification and is unintentional, it is considered Manslaughter.

Manslaughter is basically murder without intent to kill. Manslaughter is commonly charged to a person who caused another person’s death by mere carelessness.

What is the difference between Manslaughter and Murder?

Manslaughter is when a person kills another person without the intention of killing them or by accident. Murder is when a person knows that their actions are going to kill another human being and they follow through on their actions. Basically, manslaughter is when a person does NOT know the outcome of their actions will result in death and murder is when a person KNOWS.

What variables decide the degree of a murder charge?

Murder charges are broken up into three degree, 1st, 2nd, and 3rd degree murder. The variables of the crime that will decide the outcome of the degree are:

If the murder was premeditated
The cruelty behind the murder
The circumstances of the murder

What are the types of murder charges?

The four main types of murder charges are:

First-Degree Murder

In Florida, a homicide is deemed a First degree murder when:

A person premeditates and intentionally kills another human
When one person kills another in the act of a felony such as, terrorism, arson, burglary, robbery, killing, drug trafficking, carjacking, kidnapping, escape, aircraft piracy, child abuse, aggravated stalking, unlawful throwing, discharging of a destructive device such as a bomb, and resisting an officer.
When a person 18 years of age or older sells any controlled substance such as cocaine, heroin, opium or any synthetic natural salt, and the use of such substance kills the user.

Second-Degree Murder

In Florida, a homicide is deemed a Second Degree Murder when:

A person unintentionally causes the death of another human being and it was NOT premeditated.
When the act committed shows a blatant disregard for human life and is highly dangerous although the act was not premeditated or meant to end the victim’s life
When a person is killed because another person is in the act of committing a felony such as, terrorism, arson, burglary, robbery, killing, drug trafficking, carjacking, kidnapping, escape, aircraft piracy, child abuse, aggravated stalking, unlawful throwing, discharging of a destructive device such as a bomb, and resisting an officer.

Third-Degree Murder

In Florida, a homicide is deemed a Third-degree murder when:

The unlawful killing of a human being is committed without any intention to end the victim’s life.
Although unintended, the killing happened while the killer was engaged in committing a felony such as, terrorism, arson, burglary, robbery, killing, drug trafficking, carjacking, kidnapping, escape, aircraft piracy, child abuse, aggravated stalking, unlawful throwing, discharging of a destructive device such as a bomb, and resisting an officer.
Although unintended, the killing happened because the killer was engaged in the action of, the unlawful distribution of any controlled substance such as heroin, cocaine or opium and the controlled substance is proven to be the cause of the death of the user.

Attempted Felony Murder

In Florida, if a person commits or attempts to commit any felony, or if they encourage or aid in an intentional act that could cause the death of another person, even if the person does not die as a result of the act, they have committed Attempted Felony Murder, which is a felony of the first degree.

What are the penalties for First Degree Murder?

In Florida, murder in the first degree is a capital felony punishable by life in prison without any chance of parole and the possibility of the death penalty.

What are the penalties for Second Degree Murder?

In Florida, a Second Degree Murder charge is considered a First degree felony punishable by a prison term not exceeding life.

What are the Penalties for Third Degree Murder?

In Florida, a Third Degree Murder charge is considered a Second degree felony punishable by a prison term not exceeding life.

What are the penalties for Manslaughter?

In Florida, Manslaughter is considered a second degree felony which typically results in up to 15 years in prison. However, there are some instances in which Manslaughter is considered a First Degree Felony. These instances are:

When a person is responsible for the death of a disabled adult or elderly person by negligence.
When a person is responsible for the death of a person under the age of 18 through negligence.
When, through negligence, a person is responsible for the death of an officer, a firefighter, an emergency medical technician, or a paramedic, while they were performing their duties.

This will result in a prison term not exceeding life.

What are the penalties for Attempted Felony Murder?

In Florida, the penalty for Attempted Felony Murder, even if a person does not die, is a First Degree Felony with a prison term not exceeding life.

What are my defenses for a murder charge?

The defenses for a murder charge depend on many variables regarding the situation. The most common defense was that it was self-defense. People have the right to defend themselves, so self-defense can lead to an accidental killing. Another defense is that the murder was an accident. Some people do not intend to kill another person in a fight, but it happens. Depending on your circumstances it is best to speak with an attorney about your charge.

Should I hire a lawyer if I am pleading Guilty?

Lawyers given to you by the court are notoriously over worked and will not be able to provide you with the best defense that a private lawyer can. This is a judgment call, but all murder charges result in jail time, and that is your freedom on the line. It is in your best interest, even if you are pleading guilty, to hire a lawyer with a strong background in criminal law that can get your charges reduced.

What should I do if I accidentally kill another person?

If you are responsible for the death of another person, it is in your best interest to notify 911 immediately and contact your lawyer and if you do not have one find one immediately. If you try to run and hide, you will be seen as guilty and if it was an accident, you should explain that to your lawyer and let him or her do her job.

Should I answer any questions I am asked by an officer if I killed a person in self-defense?

This would be a judgment call for you. You always want to cooperate and be respectful to the law, but you also have the right to not incriminate yourself. To be safe, as soon as you have killed another person in self-defense contact a lawyer and let them handle your situation for you. There are many charges that fall under the category of homicide and having a lawyer speak on your behalf could be the difference from you being charged with Manslaughter or you being charged with an Excusable Homicide both of which can fall under the category of self-defense.