Miami, Florida Homicide Defense Attorney

Compassionate Lawyer Defending Against Murder and Manslaughter Charges in Miami

Being accused of killing someone else is one of the most serious legal situations a person can encounter. Charges of murder carry the possibility of life imprisonment or even the death penalty in certain cases. Even if a death was accidental, a person could be charged with manslaughter, which is a serious felony offense. The penalties for a conviction are likely to be severe, and mounting a strong defense against these charges is essential.

At The Hoffman Firm, our criminal defense attorney provides representation for people who have been charged with homicide or other violent crimes. Attorney Evan Hoffman has extensive experience defending clients in criminal cases. He takes an aggressive approach while also treating clients with compassion and making sure their rights are protected. When you have been accused of serious criminal offenses like murder, he will work with you to build an effective defense strategy that will help you avoid a conviction and minimize the ways your life may be affected.

Understanding Murder and Manslaughter Charges in Florida

Florida law classifies homicide into several categories:

First-Degree Murder

The most serious murder charges will apply in situations where a killing was premeditated. That is, if a person intended to kill someone else or made plans to do so, they can be charged with first-degree murder. This charge may also apply if a person killed someone else while committing or attempting to commit a crime such as robbery, burglary, kidnapping, carjacking, arson, aggravated child abuse, sexual battery, human trafficking, resisting arrest, fleeing from police, or terrorism.

Situations involving accusations of drug-induced homicide may also lead to serious charges of murder. If a person allegedly engaged in the unlawful distribution of controlled substances that led someone to die due to an overdose, they may be charged with first-degree murder.

First-degree murder is a capital felony. A person who is convicted may face the death penalty, or they could be sentenced to life in prison.

Second-Degree Murder

A person may be charged with second-degree murder if a killing was not premeditated, but they engaged in behavior showing that they have a "depraved mind" and a disregard for human life. Second-degree murder charges may also apply in situations where a person is allegedly involved in felony offenses such as kidnapping, carjacking, robbery, or sexual assault, and another person involved in the same offense kills someone.

Second-degree murder is a first-degree felony. A person who is convicted may be sentenced to prison, with a maximum sentence of life behind bars.

Third-Degree Murder

When a person unintentionally kills someone else while committing a non-violent felony, they may be charged with third-degree murder. This offense is a second-degree felony, and a conviction can lead to a sentence of up to 15 years in prison, as well as fines of up to $10,000.

Manslaughter

In situations where a person is killed, but the offense does not meet the definitions of murder, manslaughter charges may apply. Manslaughter generally involves unintentional deaths that occur because a person acted negligently or recklessly. For example, a person who commits DUI and causes an accident in which someone is killed may be charged with manslaughter.

Manslaughter is usually charged as a second-degree felony. However, a person may be charged with aggravated manslaughter, a first-degree felony, if the alleged victim was an elderly person, someone with a disability, a child under the age of 18, or a first responder such as a police officer, firefighter, or emergency medical technician. In these cases, a first-degree felony conviction may lead to a prison sentence of up to 30 years.

Legal Defenses Against Murder and Manslaughter Charges

Our Miami murder defense attorney can help determine the best approach to take when defending against charges of murder or manslaughter. Some potential defense strategies may include:

• Justifiable Homicide (Self-Defense): Florida's "Stand Your Ground" law allows the use of deadly force when a person reasonably believes it is necessary to prevent imminent harm. Our lawyer may be able to show that a person was acting to protect themselves or others.
• Lack of Intent: First-degree murder charges require a person to have acted with the intent to kill. The prosecution must prove intent beyond a reasonable doubt, and our attorney may argue that the death was accidental.
• Alibi: Our lawyer may demonstrate that a person is innocent by presenting evidence showing that they were not at the scene of the crime at the time when a person was killed.
• Insufficient Evidence: Challenging forensic evidence, witness testimony, and other elements of the prosecution's case can help raise reasonable doubt.
• Mistaken Identity: Our attorney may argue that the accused was misidentified as the perpetrator. It may be possible to demonstrate that witness testimonies or other evidence identifying a person is inconclusive.
• Police Misconduct: If police officers violated a person's constitutional rights, such as through a coerced confession, our attorney will work to protect a defendant against unfair prosecution.

Contact Our Miami, FL Murder Defense Lawyer

In cases involving homicide charges, you should not wait to seek legal representation. The Hoffman Firm can help you build a strong defense against these serious allegations. To set up a free consultation and get the representation you need, contact us at 305-249-0090.