Tallahassee Homicide & Murder Attorney
Homicide and murder are the most serious charges one can face. A conviction for first-degree murder will result in a life sentence without the possibility of parole or the death penalty. Other homicide felonies generally carry a life sentence but can alternatively result in up to 15 years in prison and $10,000 in fines.
You already know that charges of homicide or murder are not to be taken lightly. Luke Newman, P.A., offers passionate and aggressive defense of people charged with homicide or murder in Tallahassee. Defense attorney Luke Newman has many years of experience as a Tallahasse homicide & murder attorney and is personally involved in every aspect of the case for the clients he represents. Luke is also Board-Certified as a specialist in Criminal Appellate law and has been certified by the courts as qualified to handle appeals in death penalty cases. Whether you have just been arrested or recently convicted, Luke Newman is the lawyer to call for practical advice and effective representation dedicated to getting you the best outcome in your case.
Florida Murder and Homicide Offenses
Homicide is defined as the unlawful killing of a human being. In Florida, a homicide can be charged as first-degree murder in the following situations:
- When the killing is premeditated
- When the killing occurs during the commission or attempt to commit a felony listed in the law
- When the killing resulted from the unlawful distribution of certain drugs
A person can be charged with second-degree murder if a death occurs during the commission of a listed felony, even if that person did not do the killing. A person convicted of second-degree murder will generally face life in prison. Second-degree murder can also be charged when the killing was perpetrated by an imminently dangerous act showing a “depraved mind” with disregard for human life.
Third-degree murder can be charged for a killing that occurs during a non-listed felony, even when no death was intended to occur. Third-degree murder is a second-degree felony punishable by up to 15 years in prison.
Other homicide offenses in Florida include:
- Aggravated Manslaughter
- Vehicular Homicide
- Vessel Homicide
- Assisting Self-Murder (assisted suicide)
- Killing of Unborn Child by Injury to Mother
- Unnecessary Killing to Prevent Unlawful Act
Homicide and Murder Defenses
Each homicide offense has its own definition, and the prosecutor has the burden of proving every element of the offense charged beyond a reasonable doubt. Luke Newman, P.A. will challenge the prosecution’s case at every turn where they have not done their job and show the jury where reasonable doubt exists.
In addition to challenging the prosecution’s case, you may have one or more defenses available that can keep you from being convicted of homicide or murder. Some of these defenses include:
- Procedural mistakes made by law enforcement, such as a warrantless arrest, unlawful search and seizure, or extracting a confession in violation of your Miranda rights
- Excusable Homicide – Under Florida law, 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.”
- Justifiable Homicide – The use of deadly force is justifiable, according to Florida statutes, when the defendant was resisting another person’s attempt to murder the defendant or commit a felony on the defendant’s person or dwelling while the defendant was in the dwelling.
- Stand Your Ground – Florida’s stand your ground law authorizes the use of deadly force if the defendant reasonably believed such force was necessary to prevent imminent death or great bodily harm to the defendant or others or to prevent a forcible felony from being imminently committed. There is no duty to retreat under this law when you are attacked in your home or car.
Get Immediate Help With Tallahassee Homicide or Murder Charges
Every homicide or murder case presents a unique set of facts and circumstances; you need a defense that is personalized to you and your unique situation. You might not be guilty of the offense you’ve been charged with, the police might have made unconstitutional errors in your arrest, or there may be reasons why you should not be punished harshly for the alleged offense. Dedicated criminal defense attorney Luke Newman can help you pre-trial, at trial or on appeal to get the best result in your particular circumstances. Call Luke Newman, P.A. for a confidential consultation if you’ve been charged with homicide or murder in Tallahassee. Get help from an experienced and successful Tallahassee criminal defense lawyer.