Murder/ Homicide

In Florida, if one human being kills another human being, they will be arrested and charged with a homicide.

There are instances were a killing is acceptable and not a punishable crime. For example, if a person takes a human life in self-defense or self-defense of another, it can be justifiable.

Excusable Homicide

An excusable homicide would be a homicide that was committed while an individual was carrying out a lawful act while using caution. Moreover, an excusable homicide would also be a homicide that was committed accidentally in the heat of passion, with necessary provocation (Such as a person attacking an individual). In addition, no dangerous weapons could be used and the homicide cannot be cruel or unusual for it to excusable.

Other than an excusable homicide, homicides are basically classified into two categories:

Manslaughter-When a person unintentionally causes the death of another human being without malice.

Murder- When a person unlawfullytakes another human life.

Murder

Murder charges vary depending on variables, such as, premeditation, the cruelty behind the murder and the circumstances of the murder.

Categories for murder are as follows:

First-Degree Murder

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

1. A person premeditates and intentionally kills another human

2. 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.

3. 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.
Penalty: Murder in the first degree is a capital felony punishable by life in prison without any chance of parole and possibly the death penalty.

Second-Degree Murder

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

1. A person unintentionally causes the death of another human being and it was NOT premeditated.

2. 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

3. 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.

Penalty: A Second Degree Murder charge is considered a First degree felony punishable by a prison term not exceeding life.

Third-Degree Murder

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

1. The unlawful killing of a human being is committed without any intention to end the victim’s life.

2. 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.

3. 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.

Penalty: A first degree felony punishable by a prison term not exceeding life.

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.

Penalty: Prison time not exceeding life

Manslaughter

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

Manslaughter is not an excusable homicide, because it is basically murder without intent to kill. Manslaughter is commonly charged to a person who caused another person’s death by mere negligence.

Penalty: Manslaughter is considered a second degree felony which typically results in up to 15 years in prison.

First Degree Manslaughter

Manslaughter is typically a felony of the second degree, but there are some instances in which manslaughter is deemed a felony of the first degree. These instances are as follows:

1. When a person is responsible for the death of a disabled adult or elderly person by negligence.

2. When a person is responsible for the death of a person under the age of 18 through negligence.

3. 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.

Penalty: A prison term not exceeding life.

Get Help

All charges for homicide will usually result in numerous years of prison. If you have been accusedof homicide, contact a lawyer immediately so that you can have a fair trial with a solid defense. Finebloom, Haenel and Higgins have been defending criminal cases and homicide charges for over 30 years. They are experienced, knowledgeable, and strong in the courtroom and will help you every step of the way. Contact them today at 1-800-344-4848!