Murder Defense Attorney In Gainesville, FL
Per Florida Statute §782.04, murder is defined as the unlawful killing of a human being, whether perpetrated from a premeditated design or when committed by a person engaged in the perpetration of another criminal offense. Legal penalties for crimes involving taking a human life vary in severity, depending on the presence or absence of intent, malice, planning, or need for self-defense. Convictions of murder carry some of the strictest penalties of any violent crime under Florida law.
In Florida, murder is considered a capital felony, meaning sentences can range from life in prison to the death penalty. If you or a loved one are facing murder charges, do not hesitate to reach out to our experienced criminal defense attorney, Adam Stout. Skillful representation from a knowledgeable murder attorney is key to attaining a more favorable verdict.
What's The Difference Between Homicide, Murder, And Manslaughter?
Homicide is a blanket term used to describe the killing of a human being that encompasses both murder and manslaughter. Because of this, murder and manslaughter are often conflated. However, legal statutes are very specific in distinguishing between these two charges.
The primary difference lies in the defendant's intent, or lack thereof, to perpetrate the murder. Specifically, manslaughter is the unlawful killing of a human being without malice or intent to murder, generally involving death caused by reckless disregard or negligence.
Murder, however, refers to the unlawful killing of a human being where the perpetrator acted with malice, premeditation, or the intent to kill.
Penalties For Murder
The specific penalties for a murder conviction will vary depending upon the degree of the charge. The following is an overview of the way these charges differ and the penalties they carry.
In Florida, first-degree murder encompasses premeditated killings and felony murders. A premeditated killing is intentional wherein a perpetrator planned or schemed to take another human being's life in advance. Felony murder refers to a murder that happened during the commission of another felony, such as a robbery, kidnapping, drug offense, or sexual battery.
Penalties for first-degree murder convictions can include the death penalty. If the death penalty is not imposed, then those convicted face a mandatory sentence of life in prison without the possibility of parole.
Second-degree murder is wherein a person intentionally and maliciously kills another human being without premeditation. Additionally, a second-degree murder charge may also be brought against an accomplice to felony murder.
A conviction of second-degree murder can result in a term of imprisonment of at least 40 years with maximum sentencing of up to life in prison, parole for life, and $10,000 in fines.
Third-degree murder occurs when a person unintentionally kills another human being while committing, or attempting to commit, a non-violent felony.
Third-degree murder is considered a second-degree felony in Florida and is punishable by up to 15 years in prison, 15 years of probation, and $10,000 in fines.
How Our Murder Defense Attorney Can Help
Murder is a serious charge. As you can see, even the least severe penalties for murder charges can still result in years of imprisonment. If you are facing murder charges, you need a skilled murder defense lawyer on your side. Fortunately, our Gainesville attorney, Adam Stout, has years of experience defending individuals who've been accused of violent crimes and can help you build a rock-solid defense strategy. Contact Stout Defense, P.A. today to schedule a free case consultation and take the first step towards a reduced or dismissed sentence!