Orlando Murder Lawyer
Murder is the most serious violent crime anyone can be accused of, and leaves the defendant facing the harshest penalties available under the judicial system if convicted. Felony murder typically involves premeditation, or the death of another individual during the commission or attempted commission of another crime. Depending on the circumstances, a person may face charges in the 1st, 2nd, or 3rd degree with first-degree murder being the most serious of all charges. At Adams & Luka, our Orlando murder defense lawyers know that those accused of taking another person's life face severe criminal penalties which may include a life prison term, or in some cases the death penalty. Whether you are under investigation or have been arrested, it is critical that you take action at once to protect your legal rights and freedom.1st, 2nd, and 3rd Degree Murder in Florida
First degree murder is defined as premeditated murder in which the murder was planned ahead of time, or felony murder in which another individual lost his/her life during the commission or attempted commission of another felony offense, such as carjacking, robbery, home invasion, or kidnapping.
Second degree murder occurs when an individual is determined to have a depraved mind and kills, or the individual is an accomplice to someone else who takes another individual's life in the commission or attempted commission of another felony offense. Murder with a depraved mind means that the murder is not premeditated, but occurs when the offender acts without regard for human life, in a way that presents immediate danger to the victim.
Third degree murder is not premeditated, and occurs when another person is killed accidentally or unintentionally during the commission or attempted commission of a non-violent felony offense.Defenses to Charges of Murder in Florida
In every case, there are pretrial and trial defenses that may be raised. The defense strategy developed by your lawyer will depend on the facts of your specific case. Prosecutors must prove every element of a crime beyond a reasonable doubt in order for a defendant to be found guilty. With first-degree murder, the prosecutor must prove among other things that the killing was premeditated. In second-degree murder, the prosecutor must prove that a) the victim is dead, b) the death is a result of the defendant's criminal act, and c) the victim was unlawfully killed because of an imminently dangerous act and the defendant's actions demonstrated a depraved mind without regard for human life.
Some of the most common defenses used to defend against charges of 1st, 2nd, or 3rd degree murder include:
- Excusable homicide - When the victim is killed by accident and misfortune in the heat of passion, when the defendant is engaged in a lawful act and without any unlawful intent, or resulting from sudden combat when a dangerous weapon is not used and the killing is not done in a manner that is cruel or unusual, excusable homicide may be a good defense.
- Justifiable homicide - if you were resisting someone else's attempt to kill you or commit a felony against you and it resulted in the loss of that person's life, it may be justifiable homicide.
- Self defense - the use of deadly force is justified in certain situations where a person feels his/her life is in danger.
The criminal penalties for murder are extremely severe, and depend on whether an individual is convicted of first-, second-, or third-degree murder. Penalties include:
First-degree murder (Capital Offense)
- Life in prison without the possibility of parole
- Mandatory minimum of 16 3/4 years in prison
- Maximum of life in prison
- Maximum of life on probation
- Fines of up to $10,000
If a firearm is used in the commission of the murder, a mandatory minimum prison of 25 years will apply.
- Mandatory minimum of 10 1/3 years in prison
- Maximum of 15 years in prison
- Maximum of 15 years on probation
- Fines of up to $10,000
Individuals who are accused of murder face life-changing consequences if convicted. Not only may you face substantial prison time, fines, a criminal record, or even the death penalty, your career, reputation, and even relationships are in jeopardy. Our Orlando homicide lawyers are experienced, skilled, and capable of reaching positive results even in the most serious circumstances. Contact us immediately for a free consultation at (407) 872-0307 or (352) 787-2101.