If you have been arrested or believe you're going to be arrested, your attorney can help you avoid making critical mistakes, like answering police questions or trying to mislead the police. Many people believe that they can outsmart the police and avoid suspicion by lying, but more often than not, they have overlooked a detail the police already have, and the lie further implicates them.
Mistakes to Avoid When Being Investigated for Murder
This should not be construed as legal advice. If you are under suspicion of murder, you should immediately contact a criminal defense attorney in Florida, like Matt Shafran of Weinstein Legal Team, for actual legal advice.
Exercise Your Right to Remain Silent
If the police ask you questions, you should respond by requesting to speak to an attorney. If they continue to press you, the information will be inadmissible. Ask if you're under arrest. If you're not, you can leave and call an attorney.
Do Not Permit the Police to Search Your Car or Premises
If the police ask you to search your car or residence, they are looking for evidence. Even if you believe that your residence is clear, or you know that you're innocent, do not provide consent to search. They can obtain a warrant if they have probable cause.
Do Not Destroy or Throw Out Evidence
You may be being watched or tracked, and the police can recover the evidence.
Florida Statute 782.04: The Murder Statute
For all intents and purposes, the terms “murder” and “homicide” are interchangeable, although some legal terms have adopted one or the other, like “traffic homicide,” “justified homicide,” etc. Among other things, FSS 782.04 defines different degrees of murder and the penalties for each, which we will discuss in the next section.
First-Degree Murder
First-degree murder may either be a premeditated or planned murder or committed during one of the following crimes, among others listed in the statute:
When a murder is committed in the commission of another felony and was not premeditated, it's usually referred to as “felony murder.”
Second-Degree Murder
Second-degree murder used to be referred to as a “murder of passion” because it takes into account the “depraved mind” of the defendant. Premeditation is not an element of second-degree murder. Second-degree murder may also be applied to principles of the first degree (accessories) in the above-listed crimes if the defendant was not the person who actually committed the murder.
Third-Degree Murder
Third-degree murder is an unintended death caused during the commission of a felony that is not on the first-degree list above, apart from a few excluded drug offenses (Fla. Stat. § 782.04(4)). There is no premeditation and no intent to kill, and it is a second-degree felony. Florida is one of only a few states that still has this offense.
Manslaughter
Manslaughter (Fla. Stat. § 782.07) is a killing by act, procurement, or culpable negligence, without the depraved mind that second-degree murder requires. It is a second-degree felony carrying up to 15 years in prison. Aggravated manslaughter, where culpable negligence causes the death of a child, an elderly or disabled adult, or an on-duty officer, firefighter, or paramedic, is its own first-degree felony under the same statute, carrying up to 30 years. Carrying, displaying, or using a weapon during the offense can also reclassify manslaughter to a first-degree felony under Fla. Stat. § 775.087(1), where that statute's conditions are met. The gap between second-degree murder and manslaughter is where most homicide trials are actually fought, and manslaughter is the charge many murder cases are negotiated down to. Florida's Stand Your Ground law (Fla. Stat. § 776.032) can also end a case before trial by granting immunity from prosecution.
Vehicular Homicide
Vehicular homicide is covered under FSS 782.071. It's charged when a person operates a vehicle in a reckless manner that results in the death of another.
Penalties for Murder Conviction in Florida
As can be expected, the penalties for a murder conviction are substantial. Florida is a capital punishment state, so a conviction for first-degree murder can result in the death penalty. Here are the other possible penalties for conviction:
- First-Degree Murder, a capital felony: death or life in prison
- Second-Degree Murder, a first-degree felony punishable by up to life in prison
- Third-Degree Murder, a second-degree felony: up to 15 years in prison
- Vehicular Homicide, a second-degree felony (up to 15 years), or a first-degree felony (up to 30 years) when the driver leaves the scene or fails to give information and render aid
Defenses For Murder Charges in Florida
Depending on the prosecutorial evidence against you and the circumstances of the case, there are many different defense options a seasoned attorney like Mr. Shafran might employ. You may well be innocent of the charges. That does not remove the need for a defense strategy. Here are some common defenses used for murder defenses:
- Self Defense: Florida has a “stand your ground” law, which allows you to defend yourself even if you have the ability to retreat.
- Police Misconduct: If the police violated your rights during their investigation, any evidence they obtained should not be admissible. Examples include search without consent, illegal stops, improper show-ups, coerced confessions, etc. This could severely impact the prosecutorial cases and improve your chances of an acquittal or a dismissal.
- Mistaken Identity: Uncorroborated eye-witness evidence is usually unreliable. Cases have been lost because prosecutors were not able to verify the accounts of witnesses.
These are just a few strategies that can dismantle a prosecutorial case and lead to an acquittal or reduction in charges. The penalties for a murder conviction are severe, and juries are unpredictable. If it is in your best interest to seek a negotiated plea with the prosecution, attorney Shafran is a skilled negotiator and will seek the most favorable terms possible.
