Protecting Your Rights for Over 45 Years
Focusing in HomicidesAttorneys J. David Bogenschutz and Jaclyn E. Broudy focus on state and federal criminal defense at the trial court level as well as the appellate level. Under Florida Statute, a First Degree Murder charge carries with it life in prison, and potentially, death if the State Attorney's Office does not waive the death penalty. It's important to make sure the attorneys representing you understand the seriousness of a murder charge, as well as all possible defenses that may be open to you.
What is murder in Florida?
Florida Statute 782.04(1)(a) defines murder as "the unlawful killing of a human being." Under Florida Law, this "unlawful killing of a human being" can be committed in a several different ways, and is deemed as Murder in the First Degree:
1. When perpetrated from a premeditated design - meaning it was carefully thought out and planned; or
2. When committed by a person engaged in the perpetration of, or in the attempt to commit, any of the following crimes, known as Felony Murder:
a. Trafficking any offense prohibited by Florida Statute 893.135(1)
c. Sexual Battery
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
m. Home-invasion robbery
n. Aggravated stalking
o. Murder of another human being
p. Resisting an officer with violence
q. Aggravated fleeing or eluding with serious bodily injury or death
r. Felony that is an act of terrorism
s. Human Trafficking.
3. When death results from the unlawful distribution of one of the following substances, or a mixture of: Cocaine, Opium, Methadone, Alfentanil, Carfentanil, Fentanyl, Sufentanily, a controlled substance analog under Florida Statute 893.03 or any substance controlled under 893.03.
Murder in the Second Degree in Florida could be classified as any of the above offenses outlined in 2 above, and is also defined as the unlawful killing of a human being, but the act committed would be committed with a depraved mind regardless of human life, and not with a premeditated design like first degree murder.
Murder in the Third Degree in Florida is defined as any felony committed that is not included in the above list, committed without any design to effect death.
Protection for the Future
Any person charged with any degree of murder needs to be aware of how serious the charge is, especially because of the type of penalties associated with it. The right attorney will know how to help through every stage of the process from the bond hearing through and including trial.