Florida Murder Lawyer, Jacksonville Homicide Attorney

Murder charges are of course the most serious of all charges and the most seriously pursued by the State Attorney's Office or Federal Prosecutors. Law Enforcement dedicates its most resources and best officers. The State Attorney's Offices in Jacksonville, Orange Park, St. Augustine, and Nassau county Murders have their most experienced and best lawyers (prosecutors) assigned to these Murder cases.

A person charged with homicide (murder) in Florida risks significant jail time and most convictions will result in never being released from custody. In some cases, capital murder, they face being sentenced to death. Florida has become infamous in the country for the number of murders, and Jacksonville in particular for its homicides. Local TV and newspapers are full of stories and quotes from lawyers of Jacksonville murders nearly every day.

Florida Law Chapter 782 defines homicide as the killing of one human being by another, either lawfully or unlawfully. Murder is separately defined as the unlawful taking of a human life by other human being. There are several types of homicide, ranging from manslaughter to first degree murder.

However not all killings are criminal, and there are several powerful homicide defenses provided under Florida Law. For instance, a killing is lawful if it excusable, justified or in self-defense. In some cases with the assistance of a Board Certified Criminal Defense Attorney, a murder case could be reduced to manslaughter, or even dismissed due to legal defenses.

Below is a listing of the different types of homicides and defenses to those charges are discussed in the links below:

FIRST DEGREE MURDER

FELONY MURDER

SECOND DEGREE MURDER

MANSLAUGHTER

DUI MANSLAUGHTER

SELF-DEFENSE, JUSTIFICATION, AND EXCUSE

If you or someone you know is charged with some form of a Homicide charge, then you need the best possible attorney. Without a doubt, these cases are expensive to defend. However, if you are looking for a private defense attorney and not the public defender's office, contact us to discuss your case.

782.02 Justifiable use of deadly force.

The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be.

History.--ss. 4, 5, ch. 1637, 1868; RS 2378; ch. 4967, 1901; s. 1, ch. 4964, 1901; GS 3203; RGS 5033; CGL 7135; s. 66, ch. 74-383; s. 1, ch. 75-24; s. 45, ch. 75-298; s. 1197, ch. 97-102.

782.03 Excusable homicide

Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner.

782.035 Abrogation of common-law rule of evidence known as "year-and-a-day rule".

The common-law rule of evidence applicable to homicide prosecutions known as the "year-and-a-day rule," which provides a conclusive presumption that an injury is not the cause of death or that whether it is the cause cannot be discerned if the interval between the infliction of the injury and the victim's death exceeds a year and a day, is hereby abrogated and does not apply in this state.

History.--s. 1, ch. 88-39.

782.04 Murder.

(1)(a) The unlawful killing of a human being:

1. When perpetrated from a premeditated design to effect the death of the person killed or any human being;

2. When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any:

a. Trafficking offense prohibited by s. 893.135(1),

b. Arson,

c. Sexual battery,

d. Robbery,

e. Burglary,

f. Kidnapping,

g. Escape,

h. Aggravated child abuse,

i. Aggravated abuse of an elderly person or disabled adult,

j. Aircraft piracy,

k. Unlawful throwing, placing, or discharging of a destructive device or bomb,

l. Carjacking,

m. Home-invasion robbery,

n. Aggravated stalking,

o. Murder of another human being,

p. Resisting an officer with violence to his or her person,

q. Felony that is an act of terrorism or is in furtherance of an act of terrorism; or

3. Which resulted from the unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user,

is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082.

(b) In all cases under this section, the procedure set forth in s. 921.141 shall be followed in order to determine sentence of death or life imprisonment.

(2) The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) When a person is killed in the perpetration of, or in the attempt to perpetrate, any:

(a) Trafficking offense prohibited by s. 893.135(1),

(b) Arson,

(c) Sexual battery,

(d) Robbery,

(e) Burglary,

(f) Kidnapping,

(g) Escape,

(h) Aggravated child abuse,

(i) Aggravated abuse of an elderly person or disabled adult,

(j) Aircraft piracy,

(k) Unlawful throwing, placing, or discharging of a destructive device or bomb,

(l) Carjacking,

(m) Home-invasion robbery,

(n) Aggravated stalking,

(o) Murder of another human being,

(p) Resisting an officer with violence to his or her person, or

(q) Felony that is an act of terrorism or is in furtherance of an act of terrorism,

by a person other than the person engaged in the perpetration of or in the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony is guilty of murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than any:

(a) Trafficking offense prohibited by s. 893.135(1),

(b) Arson,

(c) Sexual battery,

(d) Robbery,

(e) Burglary,

(f) Kidnapping,

(g) Escape,

(h) Aggravated child abuse,

(i) Aggravated abuse of an elderly person or disabled adult,

(j) Aircraft piracy,

(k) Unlawful throwing, placing, or discharging of a destructive device or bomb,

(l) Unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user,

(m) Carjacking,

(n) Home-invasion robbery,

(o) Aggravated stalking,

(p) Murder of another human being,

(q) Resisting an officer with violence to his or her person, or

(r) Felony that is an act of terrorism or is in furtherance of an act of terrorism,

is murder in the third degree and constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) As used in this section, the term "terrorism" means an activity that:

(a)1. Involves a violent act or an act dangerous to human life which is a violation of the criminal laws of this state or of the United States; or

2. Involves a violation of s. 815.06; and

(b) Is intended to:

1. Intimidate, injure, or coerce a civilian population;

2. Influence the policy of a government by intimidation or coercion; or

3. Affect the conduct of government through destruction of property, assassination, murder, kidnapping, or aircraft piracy.

History.--s. 2, ch. 1637, 1868; RS 2380; GS 3205; RGS 5035; s. 1, ch. 8470, 1921; CGL 7137; s. 1, ch. 28023, 1953; s. 712, ch. 71-136; s. 3, ch. 72-724; s. 14, ch. 74-383; s. 6, ch. 75-298; s. 1, ch. 76-141; s. 290, ch. 79-400; s. 1, ch. 82-4; s. 1, ch. 82-69; s. 1, ch. 84-16; s. 6, ch. 87-243; ss. 2, 4, ch. 89-281; s. 4, ch. 90-112; s. 3, ch. 93-212; s. 11, ch. 95-195; s. 18, ch. 96-322; s. 1, ch. 98-417; s. 10, ch. 99-188; s. 16, ch. 2000-320; s. 2, ch. 2001-236; s. 2, ch. 2001-357; s. 1, ch. 2002-212.

782.051 Attempted felony murder.

(1) Any person who perpetrates or attempts to perpetrate any felony enumerated in s. 782.04(3) and who commits, aids, or abets an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in level 9 of the Criminal Punishment Code. Victim injury points shall be scored under this subsection.

(2) Any person who perpetrates or attempts to perpetrate any felony other than a felony enumerated in s. 782.04(3) and who commits, aids, or abets an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in level 8 of the Criminal Punishment Code. Victim injury points shall be scored under this subsection.

(3) When a person is injured during the perpetration of or the attempt to perpetrate any felony enumerated in s. 782.04(3) by a person other than the person engaged in the perpetration of or the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in level 7 of the Criminal Punishment Code. Victim injury points shall be scored under this subsection.

History.--s. 1, ch. 96-359; s. 18, ch. 97-194; s. 12, ch. 98-204; s. 4, ch. 2001-236.

782.065 Murder; law enforcement officer.

Notwithstanding ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant shall be sentenced to life imprisonment without eligibility for release upon findings by the trier of fact that, beyond a reasonable doubt:

(1) The defendant committed murder in the first degree in violation of s. 782.04(1) and a death sentence was not imposed; murder in the second or third degree in violation of s. 782.04(2), (3), or (4); attempted murder in the first or second degree in violation of s. 782.04(1)(a)1. or (2); or attempted felony murder in violation of s. 782.051; and

(2) The victim of any offense described in subsection (1) was a law enforcement officer, part-time law enforcement officer, or auxiliary law enforcement officer, as those terms are defined in s. 943.10, engaged in the lawful performance of a legal duty.

History.--s. 1, ch. 2008-74.

782.07 Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.

(1) The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) A person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102(3) commits aggravated manslaughter of an elderly person or disabled adult, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(3) commits aggravated manslaughter of a child, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) A person who causes the death, through culpable negligence, of an officer as defined in s. 943.10(14), a firefighter as defined in s. 112.191, an emergency medical technician as defined in s. 401.23, or a paramedic as defined in s. 401.23, while the officer, firefighter, emergency medical technician, or paramedic is performing duties that are within the course of his or her employment, commits aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--RS 2384; GS 3209; RGS 5039; CGL 7141; s. 715, ch. 71-136; s. 180, ch. 73-333; s. 15, ch. 74-383; s. 6, ch. 75-298; s. 12, ch. 96-322; s. 2, ch. 2002-74.

782.071 Vehicular homicide.

"Vehicular homicide" is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.

(1) Vehicular homicide is:

(a) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:

1. At the time of the accident, the person knew, or should have known, that the accident occurred; and

2. The person failed to give information and render aid as required by s. 316.062.

This paragraph does not require that the person knew that the accident resulted in injury or death.

(2) For purposes of this section, a fetus is viable when it becomes capable of meaningful life outside the womb through standard medical measures.

(3) A right of action for civil damages shall exist under s. 768.19, under all circumstances, for all deaths described in this section.

(4) In addition to any other punishment, the court may order the person to serve 120 community service hours in a trauma center or hospital that regularly receives victims of vehicle accidents, under the supervision of a registered nurse, an emergency room physician, or an emergency medical technician pursuant to a voluntary community service program operated by the trauma center or hospital.

History.--s. 16, ch. 74-383; s. 6, ch. 75-298; s. 12, ch. 86-296; s. 14, ch. 96-330; s. 9, ch. 98-417; s. 1, ch. 99-153; s. 2, ch. 2001-147.

782.072 Vessel homicide.

"Vessel homicide" is the killing of a human being by the operation of a vessel as defined in s. 327.02 by another in a reckless manner likely to cause the death of, or great bodily harm to, another. Vessel homicide is:

(1) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:

(a) At the time of the accident, the person knew, or should have known, that the accident occurred; and

(b) The person failed to give information and render aid as required by s. 327.30(1).

This subsection does not require that the person knew that the accident resulted in injury or death.

History.--s. 1, ch. 87-20; s. 15, ch. 96-330; s. 2, ch. 99-153.

782.08 Assisting self-murder.

782.081 Commercial exploitation of self-murder.

(1) As used in this section, the term:

(a) "Deliberately assisting" means carrying out a public act that is intended to:

1. Aid, abet, facilitate, permit, advocate, or encourage;

2. Publicize, promote, advertise, operate, stage, schedule, or conduct;

3. Provide or secure a venue, transportation, or security; or

4. Result in the collection of an admission or fee.

(b) "Self-murder" means the voluntary and intentional taking of one's own life. As used in this section, the term includes attempted self-murder.

(c) "Simulated self-murder" means the artistic depiction or portrayal of self-murder which is not an actual self-murder. The term includes, but is not limited to, an artistic depiction or portrayal of self-murder in a script, play, movie, or story presented to the public or during an event.

(2) A person may not for commercial or entertainment purposes:

(a) Conduct any event that the person knows or reasonably should know includes an actual self-murder as a part of the event or deliberately assist in an actual self-murder.

(b) Provide a theater, auditorium, club, or other venue or location for any event that the person knows or reasonably should know includes an actual self-murder as a part of the event.

(3) This section does not prohibit any event during which simulated self-murder will occur.

(4) It is not a defense to a prosecution under this section that an attempted self-murder did not result in a self-murder.

(5) A person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or ¹s. 775.084.

(6) The Attorney General or any state attorney may bring a civil proceeding for declaratory, injunctive, or other relief to enforce the provisions of this section.

History.--s. 1, ch. 2004-30.

¹Note.--Substituted by the editors for a reference to s. 774.084 which does not exist. Section 775.084 provides specified punishment for felonies.

782.09 Killing of unborn quick child by injury to mother.

The willful killing of an unborn quick child, by any injury to the mother of such child which would be murder if it resulted in the death of such mother, shall be deemed manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 10, ch. 1637, 1868; RS 2386; GS 3211; RGS 5041; CGL 7143; s. 717, ch. 71-136.

782.11 Unnecessary killing to prevent unlawful act.

Whoever shall unnecessarily kill another, either while resisting an attempt by such other person to commit any felony, or to do any other unlawful act, or after such attempt shall have failed, shall be deemed guilty of manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 13, ch. 1637, 1868; RS 2388; GS 3213; RGS 5043; CGL 7145; s. 719, ch. 71-136.

FIRST DEGREE MURDER

Florida Statute 782.04 defines First Degree Murder as a killing that is "perpetrated from a premeditated design to effect the death of the person killed or any human being." The Florida Criminal Jury Instructions explains that a defendant is not guilty of First Degree Murder unless the State of Florida proves beyond a reasonable doubt that the killing was a premeditated murder, a "killing after consciously deciding to do so." The decision to kill must be proven to be "present at the time of the killing", but that the "law does not fix the exact period of time that must pass."

Defenses to First Degree Murder include misidentification, self defense, cause of death, alibi, excuse, neglect, justification, or the crime was committed in the heat of passion and therefore is only a Second Degree Murder.

The great majority of murder cases involve the defense misidentification. There often is no controversy that the victim of the homicide is dead and there is little doubt that someone committed a murder based on how the victim was killed, but that the Defendant was not the person who committed the murder. This defense requires a very highly skilled attorney to be effective.

In other instances the defendant in a homicide presents their version of what happened that led to the homicide in an attempt to get a verdict of guilty on a lesser charge that does not potentially bring the death penalty as a consequence.

Complete defenses to a murder such as self defense or alibi usually require the defense to call witnesses and can require the defendant to testify in their own defense. In these case, the defense not only attacks the witnesses and evidence as presented by the State, but the defense builds a case to present to the jury as what really happened in a matter. This is a complex task that brings risks as well and must be done in the methodically and carefully.

The penalties for First Degree murder include the death penalty. Florida has a highly complex set of criteria for what qualifies as a death penalty worthy case. Ultimately, the State Attorney in the jurisdiction where the case is being tried makes the final decision about whether the death penalty is sought in a particular matter. Additionally, a Defendant must be indicted by a grand jury prior to the trial in front

Shawn Arnold is a Board Certified Criminal Trial Attorney and heads our Jacksonville Murder Defense team. Mr. Arnold has handled homicides as a prosecutor and defense attorney. The experience of learning how to build a case and how to tear one down can provide the edge needed in defending against a Jacksonville murder charge. For a Florida murder, a Georgia homicide, or any kind of murder defense in federal or state court, contact us to discuss your murder defense needs.

Felony Murder Defense Lawyers

Felony Murder generally occurs when a person acts with the intention to commit a felony and as a result of committing the felony a death occurs. The classic example is when a getaway driver is charged with felony murder when the robber shoots and kills the bank teller during the robbery. In order to convict of First Degree Felony Murder, it is not necessary for the State of Florida to prove that the defendant had a premeditated design or intent to kill but only that the death occurred during the commission of the felony.

In order to prove a First Degree Felony Murder, the State must prove beyond a reasonable doubt that:

•1. The victim is dead.

•2. The Defendant killed the victim during the commission of a felony.

•3. The death occurred as a consequence of and while the defendant was

engaged in the commission of a felony; or

The death occurred as a consequence of and while the defendant was attempting to commit a felony; or

The death occurred as a consequence of and while the defendant, or an accomplice, was escaping from the immediate scene of the felony

If it can be proven that the underlying felony was not committed, then the Defendant of course is not guilty of Felony Murder. Our Florida criminal defense lawyers when defending a Florida felony murder charge or any other charge attack every potential element of a crime for our clients. Often prosecutions are so preoccupied with the fact someone died, they leave themselves open to attack on another element that may result in the defendant walking.

Previous to the Supreme Court's decision in Edmund v. Florida in 1982 a First Degree Felony Murder was punishable by death. Now it is punishable by Life Imprisonment.

Second Degree Felony Murder can be found in a death that occurred as a consequence of and while a felony is being committed. A jury can find a defendant guilty of Second Degree Felony Murder when:

•1. The victim is dead; and

•2. The death occurred as a consequence of and while there was an attempt to commit a felony; or

The death occurred as a consequence of and while there was an escape from the immediate scene of a felony; or

While a Defendant may not be the person who actually killed the victim, the defendant did knowingly aid, abet, counsel, hire, or otherwise procure the commission of the felony, or

The person who actually killed the victim was not involved in the commission or the attempt to commit the felony, but rather was an accessory before the fact.

Attempted felony murder is a more unusual crime and is charged when a perpetrator causes a death or injury while engaged in the commission of a felony. Perpetrators do not have to commit the actual elements of the felony; they may be guilty if they are merely aiding or assisting someone else in the commission of a felony. Depending on the severity of the victim's injuries, the punishment for attempted felony murder may range up to life in prison. Twice, the Florida Supreme Court has found that the Attempted Felony Murder law is unconstitutional and struck the whole law or components of the law down. The rewritten law may still be unconstitutional and our Felony Murder defense lawyers will continue the fight to have the law overturned again. For the time, this remains a very serious crime for which you should always have help from a good Florida felony murder or attempted felony murder criminal defense lawyer.

Felony Murder is often relied upon as a fallback position for the State in homicide cases; if the State cannot prove the top charge of murder, often they throw in the charge of felony murder. A Board Certified Criminal Trial Lawyer can help negate whatever charge the State brings in a murder prosecution. All cases and facts are different, so contact us to discuss your case and how we could help.

SECOND DEGREE MURDER

Second degree murder cases often involve a death that allegedly occurred because of a heat of passion or act that was so dangerous is warrants a criminal action be brought against the Defendant. The classic example is the spouse who finds their partner having an affair with another person and immediately acts to kill either the partner or the partner's lover. In order to convict a defendant in Florida of Second-degree murder, the State of Florida must prove the following three elements beyond a reasonable doubt:

•1. The victim is dead;

•2. The death was caused by the criminal act of the defendant;

•3. There was an unlawful killing of the victim by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life.

Understanding a second degree murder can be more confusing than the more serious first degree murder. The "criminal act" reference in the statute must be a single event or series of related actions arising from and performed pursuant to a single design or purpose of committing the murder or creating the dangerous condition that led to the death. Although second-degree murder can carry a potential incarceration of up to life in prison, the death penalty cannot be imposed on a person found guilty of second-degree murder.

Whether a Defendant's actions could have been reasonably foreseen as endangering a human life to the point of warranting a prosecution is a question for the jury and where a skilled defense lawyer can be most helpful. Examples may include the negligent supervision of a child or of the elderly by an adult, or other reckless behavior that led to the death of another person.

Unlike in a first degree or felony murder prosecution, a grand jury does not need to indict the defendant before a prosecution may begin. Second degree murders often are decided on the "common sense" of the jury. Whether a person's actions amount to the requisite intent or recklessness to warrant conviction is often left up to the jury's determination.

The defense of a second degree murder often comes from a defense's argument that the death was justified, excusable, or was self-defense. A Board Certified Criminal Trial Lawyer can help defend in your Florida Second Degree Murder charge. Each case is unique so contact us as soon as possible to discuss the charges.

Florida Self-Defense, Justified, or Excusable Murder Defense Lawyers

Florida Statutes 782.02 and 782.03 give those charged with Murder complete defenses to the charge. Florida Statute 782.02[1], commonly known as the "Castle Doctrine" provides that if the use of deadly force was justified, then the killing was lawful and does not qualify as a homicide. The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be.

An excusable homicide under Florida Chapter 782.03 is one where the death occurs because of an "accident or misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner."

The defense of excuse it usually asserted in cases where the defendant claims that the death was an accident. Florida Statute 782.02 gives the jury the standard to determine if the defendant is guilty or not guilty. Upon some showing of evidence by the Defendant that tends to support the theory of Self Defense, Justification, or Excusable Murder, then the Court must give the appropriate instruction to the jury.

However, zealous prosecutors for whatever reason may bring murder charges even if the defendant justifiably used deadly force to protect themselves, their property, or someone else. Because these situations are complex, there are many possible defenses. The real challenge is development of evidence and presentation of that evidence to a jury that would allow the jury to consider the defense. Too often, defense attorneys fail their clients in being able to get their defense to a jury. If you or someone you know needs a murder defense attorney to bring forth a claim of self-defense, justified or excusable murder, contact us at Arnold Law Firm, LLC. Our experienced criminal defense attorneys will work to get your case in front of a jury.

Florida Manslaughter Defense Attorneys

Manslaughter is a lesser degree of murder where the State can prove that a person k

To prove the crime of Manslaughter, the State must prove the following two elements beyond a reasonable doubt:

1. (Victim) is dead.

Give 2a, 2b, or 2c depending upon allegations and proof.

2. a. (Defendant) intentionally caused the death of (victim).

b. (Defendant) intentionally procured the death of (victim).

c. The death of (victim) was caused by the culpable negligence of (defendant).

However, the defendant cannot be guilty of manslaughter if the killing was either justifiable or excusable homicide as I have previously explained those terms.

Give only if 2(a) alleged and proved, and manslaughter is being defined as a lesser included offense of first degree premeditated murder.

In order to convict of manslaughter by intentional act, it is not necessary for the State to prove that the defendant had a premeditated intent to cause death, only an intent to commit an act which caused death. See Hall v. State, 951 So. 2d 91 (Fla. 2d DCA 2007).

Give only if 2b alleged and proved.

To "procure" means to persuade, induce, prevail upon or cause a person to do something.

Give only if 2c alleged and proved.

I will now define "culpable negligence" for you. Each of us has a duty to act reasonably toward others. If there is a violation of that duty, without any conscious intention to harm, that violation is negligence. But culpable negligence is more than a failure to use ordinary care toward others. In order for negligence to be culpable, it must be gross and flagrant. Culpable negligence is a course of conduct showing reckless disregard of human life, or of the safety of persons exposed to its dangerous effects, or such an entire want of care as to raise a presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard for the safety and welfare of the public, or such an indifference to the rights of others as is equivalent to an intentional violation of such rights.

The negligent act or omission must have been committed with an utter disregard for the safety of others. Culpable negligence is consciously doing an act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily injury.

§ 782.07(2)-(4), Fla. Stat. Enhanced penalty if 2c alleged and proved. Give a, b, or c, as applicable.

If you find the defendant guilty of manslaughter, you must then determine whether the State has further proved beyond a reasonable doubt that:

a. (Victim) was at the time [an elderly person] [a disabled adult] whose death was caused by the neglect of (defendant), a caregiver.

b. (Victim) was a child whose death was caused by the neglect of (defendant), a caregiver.

c. (Victim) was at the time [an officer] [a firefighter] [an emergency medical technician] [a paramedic] who was at the time performing duties that were within the course of [his] [her] employment. The court now instructs you that (official title of victim) is [an officer] [a firefighter] [an emergency medical technician] [a paramedic].

Definitions. Give if applicable.

Child@ means any person under the age of 18 years.

AElderly person@ means a person 60 years of age or older who is suffering from the infirmities of aging as manifested by advanced age, organic brain damage, or physical, mental, or emotional dysfunctioning, to the extent that the ability of the person to provide adequately for the person=s own care or protection is impaired.

ADisabled adult@ means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to developmental disability, organic brain damage, or mental illness, or who has one or more physical or mental limitations that restrict the person=s ability to perform the normal activities of daily living.

"Facility" means any location providing day or residential care or treatment for elderly persons or disabled adults. The term "facility" may include, but is not limited to, any hospital, training center, state institution, nursing home, assisted living facility, adult family-care home, adult day care center, group home, mental health treatment center, or continuing care community.

As applied to an Elderly Person or a Disabled Adult.

"Caregiver" means a person who has been entrusted with or has assumed responsibility for the care or the property of an elderly person or a disabled adult. "Caregiver" includes, but is not limited to, relatives, court-appointed or voluntary guardians, adult household members, neighbors, health care providers, and employees and volunteers of facilities.

As applied to a Child.

ACaregiver@ means a parent, adult household member, or other person responsible for a child=s welfare.

§ 825.102(3)(a) or § 827.03(3)(a), Fla. Stat. Give 1 or 2 as applicable.

"Neglect of [a child"] [an elderly person"] [a disabled adult"] means:

1. A caregiver=s failure or omission to provide [a child] [an elderly person] [a disabled adult] with the care, supervision, and services necessary to maintain [a child's] [an elderly person's] [a disabled adult's] physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the [child] [elderly person] [disabled adult];

or

2. A caregiver's failure to make reasonable effort to protect [a child] [an elderly person] [a disabled adult] from abuse, neglect or exploitation by another person.

Repeated conduct or a single incident or omission by a caregiver that results in, or could reasonably be expected to result in, a substantial risk of death of [a child] [an elderly person] [a disabled adult] may be considered in determining neglect.

Definitions. As applied to Designated Personnel.

§ 112.191 and § 633.35, Fla. Stat.

"Firefighter" means any full-time duly employed uniformed firefighter employed by an employer, whose primary duty is the prevention and extinguishing of fires, the protection of life and property therefrom, the enforcement of municipal, county, and state fire prevention codes, as well as the enforcement of any law pertaining to the prevention and control of fires, who is certified by the Division of State Fire Marshal of the Department of Financial Services, who is a member of a duly constituted fire department of such employer or who is a volunteer firefighter.

§ 943.10(14), Fla. Stat.

"Officer" means any person employed or appointed as a full-time, part-time, or auxiliary law enforcement officer, correctional officer, or correctional probation officer.

§ 401.23, Fla. Stat.

"Emergency Medical Technician" means a person who is certified by the Department of Health to perform basic life support.

§ 401.23, Fla. Stat.

"Paramedic" means a person who is certified by the Department of Health to perform basic and advanced life support.

Manslaughter is the unlawful killing of a human being without malice aforethought. Manslaughter may be voluntary or involuntary. Essentially, the difference between manslaughter and murder is that manslaughter was the result of an accident, heat of passion, or some other act in which the person does not have the mental state to commit a murder.

Vehicular Manslaughter occurs when a person drives a vehicle and unintentionally but unlawfully kills another human being. This occurs when the owner knows that there is a defect in the vehicle but still drives and someone is killed as a result of the defect in the vehicle.

Voluntary Manslaughter occurs when a person kills another in the heat of passion, without planning beforehand. The classical example is when a person finds their spouse having sex with another person and reacts immediately by killing.

Involuntary Manslaughter, also known as criminally negligent homicide, occurs when a death is an indirect result of recklessness or negligence. This occurs when a person runs a red light and hits another vehicle and a person is killed.

Manslaughter is one of the least serious murder charges, but it is still very serious. Although manslaughter can take many different forms, it is typically the killing of another human being without premeditation or malice. For the state to charge you with manslaughter, the act cannot be considered justifiable use of deadly force. In the State of Florida, manslaughter is a second-degree felony punishable by up to 15 years in prison. A smart Florida manslaughter criminal defense attorney can give you a more complete idea of the range of penalties possible in your case.

Aggravated Manslaughter

Aggravated manslaughter is an enhanced charge triggered by certain circumstances. Those include negligently causing the death of an elderly person; negligently causing the death of a person less than 18 years old; and negligently causing the death of fire or rescue personnel. Aggravated manslaughter is a first-degree felony punishable by life imprisonment. If you are facing this very serious charge, you need a Jacksonville manslaughter defense lawyer by your side.

Self Defense

In Florida, you have a legal right to protect yourself from attacks. You may be justified in using deadly force if someone is attempting to murder you. Additionally, in Florida, if a perpetrator is committing a felony upon you in your home, the use of deadly force is justified.

The statute was intentionally written broadly.

• 1st degree Murder:

A homicide committed intentionally with premeditation or malice aforethought.

• Voluntary Manslaughter:

The intentional killing of a human being, when the defendant had no prior intent to kill.

• Involuntary Manslaughter:

The unintentional killing of a human being.

• Vehicular Manslaughter:

A death that is unintentional and is the result of reckless driving, such as DUI.

[1] "The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be."