Murder Defense Lawyer in Lakeland, FL
Although the words murder and homicide are used interchangeably, they mean two completely different things. Homicide is defined as one person taking the life of another person, with no reference to any illegality since someone can legally take someone’s life typically in cases of self-defense. Murder is the criminal act of taking someone’s life on purpose with criminal intent.
If you or a loved one have been charged with the criminal offense of murder in Lakeland Florida, you need to contact us for legal advice and representation right away. Our team of criminal defense lawyers has over 100 years of combined experience in representing cases just like this.
We will listen to your side of the story, gather evidence, and use our knowledge of the law to ensure that our client is treated fairly and that the best possible outcome for the situation is achieved.
We go above and beyond to defend our clients.
What are the different classifications of murder?
1st Degree Murder: Constitutes a capital felony punishable by the death penalty or life in prison. First degree murder occurs when:
- It was premeditated with the intention of killing another person
Felony Murder: When committed while intending to execute another crime, such as:
-
- Trafficking
- Arson
- Sexual battery
- Robbery
- Burglary
- Kidnapping
- Escape
- Aggravated fleeing or eluding
- Aggravated child abuse
- Aggravated abuse of an elderly person or disabled adult
- Aircraft piracy
- Resisting an officer with violence
- Unlawful throwing, placing, or discharging of a destructive device or bomb
- Human trafficking
2nd Degree Murder: Is considered a first-degree felony and it is punishable with time in prison, not exceeding 30 years (not exceeding life imprisonment). 2nd-degree murder occurs when:
- There is a clear disregard of the value of human life but without any premeditation to kill another human being
Felony Second Degree Murder: When carried out by an act imminently dangerous, such as:
-
- Trafficking
- Arson
- Sexual battery
- Robbery
- Burglary
- Kidnapping
- Escape
- Aggravated fleeing or eluding
- Aggravated child abuse
- Aggravated abuse of an elderly person or disabled adult
- Aircraft piracy
- Resisting an officer with violence
- Unlawful throwing, placing, or discharging of a destructive device or bomb
- Human trafficking
3rd Degree Murder: Is considered a 2nd-degree felony and is punishable as such, with up to 15 years in prison. 3rd-degree murder occurs when:
- Someone unintentionally kills another human being while attempting to, or committing a non-violent felony
Possible Defense Strategies:
- Justifiable homicide – Not all murders are crimes, especially when they can be justified. One of the most popular legal defenses for the killing of another person is self-defense or the defense of other people. Justifications like this are tough to prove, and they need defendants to show that rational force was applied in response to a rational fear of death or bodily harm, or a rational fear of death or bodily harm to another person. Other justified homicides may include exercises of duty, such as when law enforcement and other public officers use reasonable force without unlawful intent.
- Reduced culpability – Murder charges are defined in a way that various charges have various degrees of culpability. This means that the degree of criminal liability will be different from charge to charge. For instance, first-degree murder is regarded as the most severe criminal charge with the highest level of criminal liability because it entails willful and premeditated murder. Second-degree murder, alternatively, is an intentional murder that is not premeditated or planned. When pursuing lessened charges for a murder defense, attorneys often focus on elements like intent. Manslaughter charges, for example, consist of recklessly or, in some cases, negligently causing the death of another. Manslaughter charges carry less severe penalties than murder charges.
- False confessions – Law enforcement is fervent about getting arrests in murder cases. While this is reasonably considered a public risk, their need to make an arrest can lead to coercive interrogation tactics, breaking of procedure, as well as violations of civil rights. When we can prove confession as false, coerced, or involuntary, it can be dismissed from evidence in your case.
- Unlawful searches and seizures – When law enforcement officers carry out unlawful searches that result in them obtaining evidence to use against a murder defendant or detain or arrest a suspect, they disregard procedure and civil rights. Evidence acquired through unlawful searches and seizures can be removed from consideration in your case, which makes it more difficult for the prosecution to prove your guilt.
- Mistaken identity – Statistics have shown that mistaken identification is the foremost reason for wrongful convictions in the criminal justice system. As you can imagine, witness testimony is not always reliable. Witnesses could see one person when another witness may see another. Time, as well as other factors can also change memories. For instance, time could make a witness recall a green car as a blue car. Claiming mistaken identity lies in demonstrating that identification is inaccurate and that there is reasonable doubt as to the identity of the actual offender.
Contact us now for expert legal advice and representation!
If you or your loved one find themselves in a situation where you are being accused of Murder? Call us right away at 863-272-7010 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Lakeland office, we have offices in the following cities across the state of Florida:
- Daytona Beach
- Kissimmee
- Melbourne
- Ocala
- Clearwater
- Orlando
- Fort Myers
- Sanford
- Miami
- Jacksonville
- Fort Lauderdale
- Sarasota
- Tampa
*Additional Orlando Florida & Orange County Legal Resources