Types of Homicide in Florida
Killing another human being is a serious crime, no matter how it happens. However, homicide charges under Florida vary in degree, with some more severe than others. Per Florida law, homicides are charged as one of the following:
- First-degree murder
- Second-degree murder
- Third-degree murder
- Manslaughter
What the Law Says
Florida Statute Section 782.04(1)(a) outlines the different degrees of homicide. While murder is broadly defined as the “unlawful killing of a human being,” the degree of murder is based on how murder is carried out. When there is premeditation (prior thought and planning) involved, the homicide is considered a first-degree murder. When there is no premeditation, it is a second-degree murder.
Homicide is considered third-degree murder when a person is unintentionally killed in the course of the commission of another felony, such as burglary, kidnapping, trafficking, arson, or aggravated child abuse. Manslaughter is defined as the killing of a human that is not planned. There are two main types:
- Voluntary manslaughter. Happens in the heat of the moment, like during an argument or fight.
- Involuntary manslaughter. Results from reckless or negligent behavior, such as driving dangerously.
What if I Kill Someone in Self-Defense?
If you kill someone in self-defense, you may be protected under Florida’s “Stand Your Ground” law. This law allows you to use deadly force without a duty to retreat if you reasonably believe it’s necessary to prevent death, great bodily harm, or the commission of a forcible felony (like robbery or rape). This applies in your home, vehicle, or any place you have a legal right to be.
However, law enforcement and the courts will investigate:
- Whether your fear was reasonable.
- If you provoked the threat.
- If the other person was actually committing a crime.
Consequences of a Homicide Conviction
A conviction for a violent crime such as homicide can lead to significant penalties. They include:
- Lengthy prison sentences. Depending on the nature and severity of the offense, you could face years, decades, or even life in prison.
- Hefty fines. Convictions often come with substantial fines.
- Permanent criminal record. A homicide conviction will be part of your permanent criminal record, making it difficult to find employment or secure housing.
- Loss of civil rights. A homicide conviction will result in the loss of civil rights, such as the right to vote or own a firearm.
Contact Us Today
Homicide is a crime that involves the death of a human being. Whether it was planned or not, you will likely face felony charges and the consequences that come with them.
You’re facing life in prison and the loss of civil rights. It is crucial to have a skilled defense attorney who can fight to protect your rights and work to achieve the best possible outcome in your case. A Fort Myers violent crime attorney from Hollander & Hanuka can help. Schedule a consultation today by calling (239) 332-3300.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0782/Sections/0782.04.html#:~:text=other%20than%20any:-,(a)%20Trafficking%20offense%20prohibited%20by%20s.,in%20this%20section%2C%20the%20term:
