Homicide Attorney

St. Augustine Homicide Attorney

Fight for Your Life and Freedom

Homicide is heavily punished in Florida, a death penalty state. The state prosecutes these cases with the full support of all its resources. The consequences of a conviction are severe. Penalties can include life in prison or the death penalty. You need a defense strategy that will challenge every piece of the evidence against you.

Our firm provides aggressive legal representation for persons charged with murder and manslaughter charges. Attorney Terry J. Shoemaker is one of the few lawyers in St. Johns County who are death penalty qualified. We investigate the facts, challenge police procedure, and present a strong defense in court.

Homicide Charges in Florida

Homicide is defined in Chapter 782 of the Florida Statutes. The intent of the accused individual and the circumstances surrounding the death determine the severity of the charge.

First-Degree Murder

This capital felony is the most severe charge under Florida law. First-degree murder is the unlawful killing of a human being, perpetrated with premeditated design, under Section 782.04(1)(a).  The state may also charge first-degree murder under the felony murder rule, even if the defendant did not intend to kill anyone, if death results from the commission of a felony, such as burglary, arson, robbery, or sexual battery.

Second-Degree Murder

Florida law defines murder in the second degree as the unlawful killing of a human being by an act imminently dangerous to another, evincing a depraved mind regardless of human life, but without any premeditated design to cause the death. This charge applies to acts committed through extreme recklessness or in the heat of the moment.

Prosecutors often charge second-degree murder when they do not have enough evidence to prove a plan or premeditation. Nevertheless, a conviction carries a potential life sentence.

Manslaughter

The state defines manslaughter under Section 782.07. It is generally charged as a second-degree felony. Manslaughter is the unlawful killing of a human being, without the premeditation or malicious intent required for a murder conviction. It is a homicide that lacks a specific plan to kill (as in first-degree murder) or a depraved mind (as in second-degree murder).

Manslaughter typically occurs in one of the following two ways:

  • By act or procurement: The defendant committed an intentional act that resulted in death, for example, during a sudden altercation or in the heat of passion, but with no prior design to kill.
  • By culpable negligence: This is the most common type of involuntary manslaughter. It involves more than ordinary carelessness. Culpable negligence means the person acted with a gross and flagrant disregard for the safety of others or human life. It is behavior that a reasonable person would know would be likely to cause great bodily injury or death.

The defendant’s state of mind is the primary difference between murder and manslaughter. While murder implies a conscious intent or extreme indifference to life, manslaughter implies a reckless act or emotional reaction that resulted in tragedy.

Penalties for Homicide Convictions

Potential murder sentences in Florida are harsh, and the state imposes mandatory sentences in many cases.

  • First-degree murder is a capital felony that carries death or life imprisonment without possibility of parole. Before a judge can impose a death sentence, the state must file a notice of intent to seek the death penalty, and a jury must recommend it.
  • Second-degree murder is a felony offense, punishable by imprisonment for a term not to exceed life. A mandatory minimum sentence could apply in some cases.
  • Manslaughter is listed as a second-degree felony under Florida law and carries up to 15 years in prison.
  • Aggravated manslaughter is more serious, a first-degree felony, with penalties of prison for up to 30 years.

Florida’s 10-20-Life Law

Use of a weapon during a homicide offense can trigger the state’s 10-20-Life law under Section 775.087, which imposes mandatory minimum prison terms. Possessing a firearm during the commission of a designated felony results in a 10-year minimum prison sentence, while discharging a firearm results in a 20-year minimum term. When discharging a firearm causes great bodily harm or death, the minimum sentence is 25 years to life.

Legal Defenses Against Homicide Charges

Florida law recognizes that a killing may be justifiable or excusable under certain circumstances. We thoroughly examine your case to determine if any affirmative defense applies.

Stand Your Ground

Florida’s strong self-defense laws under Section 776.012 allow the use or threat of deadly force when a person reasonably believes it is necessary to prevent imminent great bodily harm or death to himself or another. Under these circumstances, there is no duty to retreat, and you have the right to stand your ground.

Immunity from Prosecution

Individuals who use justifiable force have immunity from prosecution under Section 776.032. Force may be deemed justifiable when a person was lawfully in the location (not trespassing), was not engaged in any criminal activity at the time the force was used, and had a reasonable belief of imminent danger.

If applicable to your case, we can file a pretrial motion to dismiss the charges based on immunity, essentially creating a mini-trial before the actual trial. If the judge decides immunity applies and grants the motion, the state cannot proceed to trial.

Excusable Homicide

A killing committed without unlawful intent, by accident or misfortune while doing any lawful act, by lawful means, using ordinary caution, is excusable homicide under Section 782.03. This statute also covers killings committed by accident or misfortune in the heat of passion, with sudden and sufficient provocation. Our skilled defense attorney can argue that the death was an unintentional tragedy rather than a criminal act.

Contact our St. Augustine Criminal Defense Team

Time is a key factor in murders. The sooner we intervene, the better we can preserve evidence and build your defense.

At Shoemaker Law, we are dedicated to defending the rights of the accused in St. Augustine and throughout northeast Florida. Call us today at 904-736-3387 to schedule a free consultation. We are ready to fight for you.