The first task for anyone facing murder charges is to understand the fine legal distinctions between homicide and the various degrees of murder severity levels.
Murder is legally defined as a crime of specific intent that ends another human being’s life by acting with malice aforethought. An inherent element of premeditation makes first-degree murder the most serious offense under Florida’s penal code, authorizing life imprisonment or even a death sentence. Within that broad range, applicable state statutory provisions recognize three different levels of severity for murder, denoted by the relative degree of each offense. A Saint Lucie County homicide lawyer could help you understand these distinctions, protect your rights, and build a strong defense against such serious charges. Contact our
talented criminal defense attorneys today for a free consultation.
Understanding the Degrees of Murder
Florida law categorizes murder into three distinct degrees, each carrying different elements and potential penalties.
- First-degree murder: Under Florida law, first-degree murder involves a premeditated killing or a homicide committed during certain felonies. In either situation, the law classifies first-degree murder as a capital offense punishable by mandatory life imprisonment without parole or execution by lethal injection.
- Second-degree murder: Second-degree murder is acting maliciously but not premeditating or committing another felony, such as rape or armed robbery, when a homicide occurs. Second-degree murder carries up to 30 years’ imprisonment, and prosecutors may seek life imprisonment based on case-specific facts.
- Third-degree murder: Third-degree murder is unintentional homicide without malice or while committing another specific felony. Upon conviction, the court must impose a minimum sentence of 10 years and 4 months’ imprisonment. Florida state murder laws are complicated, and the facts and surrounding circumstances of each offense greatly influence the final verdict. Consulting a Florida attorney experienced in murder and homicide cases may help clarify various aspects of your charges and legal defense options.
Designing a Successful Murder Defense Strategy
Specific facts unique to each case largely dictate the best legal defense approach. For instance, an attorney may try to persuade the jury that a first-degree murder defendant did not premeditate or act with deliberate malice. If charges arose from a homicide during the commission of a specified felony crime, defense lawyers often try to show that their client had no real intent for active participation and thus lacked premeditation as required for all first-degree murder convictions. In many instances, facts that emerge after an initial police investigation can result in dismissal or reduction of murder charges.
Hiring a Saint Lucie County Homicide Attorney
Fort Pierce criminal lawyer Jonathan Jay Kirschner, Esq., holds a Martindale-Hubbell AV Preeminent rating and has the experience and resources to defend murder cases zealously and effectively. As a member of the Board Certified in Criminal Trial Practice for longer than a decade and having represented criminal defendants for more than 20 years, Jay has what it takes for the best possible case outcome.
Call a Saint Lucie County Homicide Lawyer, Jonathan Jay Kirschner, Esq., & Associates 24/7/365 at (772) 489-8501 to arrange a free initial consultation and full case evaluation today.
