By Ty Cooper
Few criminal charges, if any, are as serious as first-degree murder in the State of Florida (and every other State for that matter). Under Florida Statute 782.04, the State Attorney may choose to seek the death penalty, or at the very least, this Defendant faces a sentence of life imprisonment without the possibility of parole.
Here, the Defendant appears to have been undergoing a serious mental health episode or may have been previously diagnosed with a psychiatric condition that caused him not to understand his actions. As defense counsel, I would immediately file a motion seeking a court-ordered competency evaluation, in addition to possibly retaining qualified mental health professionals as expert witnesses in anticipation of a possible insanity defense.
In addition to assessing my client’s mental state, an additional defense strategy would be to present evidence, whether it be eyewitness accounts, surveillance cell phone video, etc., that tends to negate the “premeditated” element of the murder statute. This means that if a jury believes that the Defendant here committed a homicide that arose out of the heat of the moment where there was no time to reflect upon his actions, then they could render a verdict for the lesser included offense of second-degree murder, which does not carry a minimum life sentence.
If you or anyone you know needs assistance with criminal matters in the State of Florida, please reach out to Smith and Eulo law firm for a free consultation today.
Further investigation would be needed by an experienced Defense Attorney. The Attorneys at Smith & Eulo have experience in battery cases, which would help uncover any possible defenses Mr. Aponte may have. Contact the Attorneys at Smith & Eulo at 352-WIN-4YOU if you have any questions about your case and we would be happy to explain to you all options you may have, we also offer free consultations and payment plans.