Free Consultation

All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Murder

In terms of the severity of the crime and the nature of the possible consequences, murder (or homicide) is for all intents and purposes the most serious crime a person can be charged with in the state of Florida. In addition to prosecutors who will aggressively seek the maximum punishments in these cases, alleged offenders may also have to deal with intense public scrutiny because of media coverage relating to the accusations.

Being charged with this crime is not the same as being convicted of the offense, and it is important to remember that investigators may make any one of a number of errors in their attempts to close a case and establish a supposed culprit. Innocent people may be accused of crimes they did not commit or alleged offenders could have perfectly reasonable explanations for having used deadly force to protect themselves or others.

Lawyer for Murder Defense in Miami-Dade County, FL

Are you under investigation or were you arrested for an alleged murder in Florida? Do not make any kind of statement to authorities without first contacting The Hoffman Firm.

Miami criminal defense attorney Evan A. Hoffman is a former prosecutor who represents clients in Aventura, Coral Gables, Hialeah, South Miami, and many other communities in Miami-Dade County. He can provide an honest and thorough evaluation of your case as soon as you call (305) 249-0090 to take advantage of a free, confidential consultation.


North Miami Murder Arrest Information Center


Back to top

First-Degree Murder Charges in Florida

Murder in the first degree is a capital felony in Florida that is punishable by death or life in prison without the possibility of parole. A person can face these charges in three different scenarios.

An alleged offender will be charged with first-degree murder when the unlawful killing of a human being was perpetrated from a premeditated design to affect the death of the person killed. A person can also be charged with murder in the first degree if the unlawful killing of a human being resulted from the unlawful distribution of any controlled substance 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 charges also apply when the unlawful killing of a human being was committed by an alleged offender engaged in the perpetration of, or in the attempt to perpetrate, any of the following:

  • Drug trafficking offense;
  • 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;
  • Aggravated fleeing or eluding with serious bodily injury or death; or
  • Felony that is an act of terrorism or is in furtherance of an act of terrorism.

Back to top

Second-Degree Murder Penalties in Miami-Dade County

Murder in the second degree is a first-degree felony that is punishable by life in prison and a fine of up to $15,000. An alleged offender can face second-degree murder charges for the unlawful killing of a human being when it is perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life without any premeditated design to affect the death of any particular individual.

A person can also be charged with murder in the second degree if a human being is killed during the perpetration of, or during the attempt to perpetrate, any of the following:

  • Drug trafficking offense;
  • 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;
  • Aggravated fleeing or eluding with serious bodily injury or death;
  • Resisting an officer with violence to his or her person, or
  • Felony that is an act of terrorism or is in furtherance of an act of terrorism.

Back to top

Third-Degree Murder Charges in North Miami

Murder in the third degree is a second-degree felony that is punishable by up to 15 years in prison and/or a fine of up to $10,000. A person can be charged with third-degree murder for the unlawful killing of a human being—when perpetrated without any design to effect death—when engaged in the perpetration of, or in the attempt to perpetrate, any felony other than any of the following:

  • Drug trafficking offense;
  • 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 controlled substance 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;
  • Aggravated fleeing or eluding with serious bodily injury or death; or
  • Resisting an officer with violence to his or her person; or
  • Felony that is an act of terrorism or is in furtherance of an act of terrorism.

Back to top

Florida Resources for Murder Crimes

Homicide Bureau | Miami-Dade County — The Miami-Dade Police Department’s Homicide Bureau investigates all deaths that occur in unincorporated Miami-Dade County. It has eight squads of investigators, including three specialized squads: The Traffic Homicide Unit, the Cold Case Squad, and the South Florida Homicide Clearinghouse. You can learn more about the Homicide Bureau and each of these squads on this website.

Homicide Bureau
Miami-Dade Police Department
9105 NW 25th St.
Doral, FL 33172
(305) 471-2400

Florida | Death Penalty Information Center (DPIC) — The DPIC is a national nonprofit organization that “promotes informed discussion of the death penalty by preparing in-depth reports, conducting briefings for journalists, and serving as a resource to those working on this issue.” The Florida section of the DPIC website contains information about the history of the death penalty, famous cases, and recent news and developments in the Sunshine State. You can also find an execution stat sheet, search an execution database, and view other facts and reports.

National Coalition to Abolish the Death Penalty (NCADP) — The NCADP is a not-for-profit, 501(c)(3) organization that promotes public education on the subject of capital punishment and related subjects. On this website, you can view the number of people currently on Death Row in Florida, the number of executions since 1976, and the number of innocent people who were freed. You can also find recent news and a blog.


Back to top

The Hoffman Firm | Murder Lawyer in Miami, Florida

If you or your loved one has been arrested for an alleged murder in Florida, it is in your best interest to retain legal counsel as soon as possible. The Hoffman Firm aggressively defends clients all over Miami-Dade County, including such areas as Miami Beach, North Miami, Opa-locka, Key Biscayne, and many others.

Evan A. Hoffman is an experienced criminal defense attorney in Miami who has experience on both sides of the aisle as a former Assistant State Attorney. Call (305) 249-0090 or complete an online contact form today to have him review your case and discuss all of your legal options during a free consultation.


Back to top

Free Consultation

All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

Read More

If you received any kind of traffic violation in the Miami area call The Hoffman Firm today.

Find out more
Our Office in Miami

Visit Our Office

66 West Flagler St. #950 Miami, FL 33130
convenient office locations in Miami and North Miami