Murder Defense Lawyer Sanford, FL

Second-Degree Murder

Second-degree murder is a step down from first-degree murder in that it lacks the intent characteristic of first-degree murder. This degree of offense involves a person with a depraved mind who kills another, carrying out a dangerous act that wholly disregards human life and causes the death of another.

If convicted, penalties may include life in prison, life on probation, and hefty fines. Accomplices of felony murders may face second-degree murder charges and the resulting penalties.

Third-Degree Murder

Third-degree murder lacks the violence and intent of the former degrees. It happens when a person carrying out a non-violent felony kills another individual. If convicted of this degree of murder, offenders may face up to 15 years in prison.

Manslaughter

While manslaughter in Florida still involves the death of another individual, it isn’t considered murder. When someone kills someone without malice or premeditated intent to harm or kill, Florida classifies it as manslaughter.

Florida recognizes two types of manslaughter: involuntary and voluntary. Involuntary manslaughter involves negligent or reckless actions that result in the death of another, whereas voluntary manslaughter involves an intentional act that kills another. While the intent is there, these cases lack the premeditation involved in murder charges.

This charge, while less severe than first, second, or third-degree murder, still carries significant penalties. These punishments are similar to those associated with a third-degree murder conviction.

How Will a Lawyer Defend Against Murder Charges?

If you’re facing murder charges, your Sanford, FL, murder defense attorney may use multiple defense strategies. Not all defense strategies stand alone or will apply to all cases. Common strategies include:

Alibi

An alibi is one of the strongest defense strategies against murder charges. If you can prove that you were somewhere else at the time of the crime and the jury accepts your alibi, you may be acquitted of the crime.

Proving you weren’t at the crime scene when the incident took place may involve security footage placing you somewhere else, witness testimonies, electronic records, or a similar piece of evidence that attests to your location at the time of the crime.

Mistaken Identity

It isn’t unheard of for witnesses to wrongly identify someone as the perpetrator of a crime, especially when choosing from a lineup. It’s an unfortunately prevalent problem within the United States, contributing to a sizable portion of wrongful convictions.

Dim lighting at the crime scene, similar features, similar builds, and other factors may lead eyewitnesses to incorrectly identify you as the offender. Proving that the prosecutor has wrongfully identified you as the perpetrator isn’t easy. A lack of evidence, inconsistencies between eyewitness descriptions, and similar factors may play a role in casting reasonable doubt that you are the offender.

Lack of Evidence

In a murder case, you don’t have to prove your innocence. Instead, the burden of proof lies with the prosecution. They are responsible for proving you are guilty of the crime beyond a reasonable doubt. They must provide evidence that convinces the jury that you are guilty of the crime.

If the prosecution doesn’t possess enough evidence to convince the jury beyond reasonable doubt, the jury may not find you guilty.

Self-Defense or the Defense of Others

If you acted in defense of yourself or others, resulting in the death of another, self-defense may be a viable defense. Florida’s “Stand Your Ground” law allows residents to use deadly force when they believe they are in imminent danger of death or severe injury.

So, if you believed that you needed to act to prevent your death or injury, your lawyer may use that as part of your defense. A similar defense can apply in cases where you acted in defense of another person or people you believed were in immediate danger of death or serious injury.