Criminal Defense Attorney

Jacksonville, Florida

Homicide

Simply put Homicide is killing another human being. Not all "killings" are punishable as crimes. The taking of a human life is sometimes accepted as an act without criminal implications. The taking of a human life in defense of oneself or another under some circumstances can be justifiable. Homicides can be classified as manslaughter or murder. It is very fact-specific. If you are convicted of a criminal homicide, the consequences of a conviction for this charge can include life in prison or even the death penalty. Homicide is often used synonymously with murder. However, there are many different types of homicide charges and different types of murder charges. Murder, which is the unlawful taking of another human life, can be committed under various circumstances, which affect the nature of the crime and the severity of its punishment. Your criminal defense attorney's experience and expertise can mean the difference in the degree of severity of the punishment if you are convicted.

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 in any dwelling house in which such person shall be. Deadly force refers to the degree of force that might result in the death of the person the force is applied against.

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.

Murder
Murder is the unlawful killing of a human being under the circumstances listed below as either First, Second or Third Degree Murder.

First Degree Murder
In the State of Florida, a homicide is a First degree murder when:

• The killing of another human being is premeditated and intentional.
• When one person kills another in the act of perpetrating, or in the attempt to perpetrate certain serious felonies such as: Trafficking offenses prohibited by s. 893.135(1); Arson; Sexual battery; Robbery; Burglary; Kidnapping; Escape; Aggravated child abuse; Aggravated abuse of an elderly person or disabled adult; Aircraft piracy; Unlawful throwing, placing or discharging of a destructive device or bomb; Carjacking; Home-invasion robbery; Aggravated stalking; Murder of another human being; Resisting an officer with violence to his or her person; A felony that is an act of terrorism or is in furtherance of an act of terrorism.
• When it is a death which resulted from the unlawful distribution of a substance controlled under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4, or opium or any synthetic 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.

First Degree Murder is a Capital Offense and is punishable by Death or Life Imprisonment.

Second Degree Murder
Murder in the Second Degree is:

• 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, or,
• When a person is killed during the perpetration of or the attempt to perpetrate any: Trafficking offenses prohibited by s. 893.135(1); Arson; Sexual battery; Robbery; Burglary; Kidnapping; Escape; Aggravated child abuse; Aggravated abuse of an elderly person or disabled adult; Aircraft piracy; Unlawful throwing, placing or discharging of a destructive device or bomb; Carjacking; Home-invasion robbery; Aggravated stalking; Murder of another human being; Resisting an officer with violence to his or her person; A 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.

Second degree murder is a felony of the first degree punishable by up to life imprisonment.

Third Degree Murder
Third-degree murder is 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: Trafficking offenses prohibited by s. 893.135(1); Arson; Sexual battery; Robbery; Burglary; Kidnapping; Escape; Aggravated child abuse; Aggravated abuse of an elderly person or disabled adult; Aircraft piracy; Unlawful throwing, placing or discharging of a destructive device or bomb; 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; Carjacking; Home-invasion robbery; Aggravated stalking; Murder of another human being; Resisting an officer with violence to his or her person; A felony that is an act of terrorism or is in furtherance of an act of terrorism.

A Third Degree Murder is a felony of the Second Degree and punishable up to 15 years in prison.

Manslaughter
Manslaughter is basically killing another without intent to kill them by an act that constitutes culpable negligence. An arrest or indictment for manslaughter is a serious criminal charge with severe consequences. Manslaughter can be a first or second degree felony.

When Manslaughter is a Felony of the First Degree
While Manslaughter generally is a felony of the second degree, the following instances of manslaughter constitute a felony of the first degree:

• When a person causes the death of any elderly person or disabled adult by culpable negligence, that person commits aggravated manslaughter of an elderly person or disabled adult, a felony of the first degree.
• When person causes the death of any person under the age of 18 by culpable negligence, this person commits aggravated manslaughter of a child, a felony of the first degree.
• When a person through culpable negligence causes the death of an officer, a firefighter, an emergency medical technician, or a paramedic, while the officer, firefighter, emergency medical technician, or paramedic is performing duties that are within the course of his or her employment, that person commits aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic. This is also a felony of the first degree.

Vehicular Homicide
In Florida when a person is killed as a result of another person operating a motor vehicle in a reckless manner that is likely to cause death and great bodily harm, the death of that person is a vehicular homicide. Vehicular homicide can be a felony of the first or second degree. Vehicular homicide can carry penalties that include large fines, years of prison time, as well as community service hours.

In the State of Florida vehicular homicide also includes the killing of a viable fetus by any injury to the mother during the operation of a motor vehicle by another person in a reckless manner likely to cause death and great bodily harm. A viable fetus is defined as one that can survive outside the womb through standard medical measures.

There is no such crime as attempted vehicular homicide in the State of Florida. The state does not have to prove whether or not there was intent to harm or injure the victim of a vehicular homicide. This means it does not matter that you did not intend to injure or take the life of the victim. If you caused the death of the victim by your reckless operation of a motor vehicle, you can be charged with vehicular homicide.

First-Degree Vehicular Homicide
In Florida, vehicular homicide is a felony of the first degree if the person leaves the scene of the accident or fails to give information and render aid. The law does not require that you are aware that the accident resulted in death or injury to the victim, only that you know that the accident occurred.

Vessel Homicide
In the State of Florida, a vessel includes commercial or non-commercial boats and aircrafts. Vessel homicide is the killing of a human being by another human being engaged in the operation of a vessel in a reckless manner that is likely to cause death or great bodily harm.

The "operation" of a vessel means to be in charge of or in command of or be in actual physical control of a vessel upon the waters of the State of Florida, or to exercise control over or to have responsibility for a vessel's navigation or safety while the vessel is underway upon the waters of the State of Florida, or to control or steer a vessel being towed by another vessel upon the waters of the State of Florida.

Vessel homicide is a second degree homicide, but can be homicide of the first degree in the State of Florida, if the person responsible for the vessel homicide fails to give information and render aid. The law does not require that you are aware that the accident resulted in death or injury to any victim, only that you know that the accident occurred.

Assisting Self-Murder
In Florida, any person who deliberately assists another person in the commission of self-murder is guilty of manslaughter, a felony of the second degree. "Self-murder" means the voluntary and intentional taking of one's own life. The term includes attempted self-murder. In the State of Florida, it is not a defense to a prosecution that an attempted self-murder did not result in a self-murder. To "deliberately assist" means to aid, abet, facilitate, permit, advocate, or encourage an act that where the death of another person is the intended result.

Killing of Unborn Child by Injury To Mother
In the State of Florida the unlawful killing of an unborn child or a viable fetus by injury to the mother of such child shall be deemed in the same degree as the crime that is committed against its mother. Any person, other than the mother, who unlawfully kills an unborn child by any injury to the mother causing the mother's death in what is deemed to be murder in the first degree, the person commits murder in the first degree to both mother and child. If a person kills an unborn child by injury to the mother causing the mother's death in what is deemed to be manslaughter, commits manslaughter against both mother and child.

In the State of Florida, the killing of an unborn child by injury to the mother does not authorize the prosecution of any person in connection with a termination of pregnancy.

Unnecessary Killing To Prevent Unlawful Act
In Florida a person who unnecessarily kills 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.

Contact any one of our two Jacksonville, Florida criminal defense offices for more info.