Murder

Murder in Florida is set out in Florida Homicide Statute 782.04. If you’ve been charged with the intentional death of another there is nothing more important than contacting an experienced and zealous attorney to stand up for your rights. There is no crime more intensely investigated and prosecuted. When the life of an individual is taken, local and Federal law enforcement agencies and Prosecutors will stop at nothing to solve the crime. Law Enforcement has divisions dedicated to homicide investigations and have the best and most advanced technology available to aid their efforts. With the manpower and technology focused on you as the suspect you need all the help you can get. Tampa criminal attorney Jason Mayberry has the experience and dedication to stand by you throughout this horrible time and will strive to show that you are not guilty of the allegations. The Tampa criminal attorneys at The Mayberry Law Firm are skilled at handling cases both at the “investigatory” stage and after charges have been filed. We’ve successfully prevented prosecution in cases of all types and have consistently earned a favorable result for clients who were charged.

FIRST DEGREE MURDER

First degree murder is the most serious of all classifications of death crimes and if convicted can result in the death penalty. Defined, an allegation of the like is the unlawful killing of a human being when committed with premeditation to effect the death of the person killed. Stated otherwise, if there is a plan to kill that is not borne out of an enraged, depraved mind this classification is applicable. Capital first degree murder can also be charged if there is an unlawful killing of a human being by a person engaged in the commission of any of the following crimes:

The Florida Legislature also found fit to charge someone with capital first degree murder for the unlawful distribution of a drug/substance found in Florida Statute 893.03(1), cocaine, opium, or methadone by a person 18 years or older when it is found that the drug distributed is the proximate cause of the death.

SECOND DEGREE MURDER

Second degree murder is the unlawful killing of a human being, resulting from an act imminently dangerous to another, committed with a depraved mind and without premeditation to end the life of another. This variation of a homicide allegation is classified as a first degree life felony punishable by life imprisonment and a $15,000 fine. This crime can be charged when a human being is killed during the perpetration of, or during the attempt to perpetrate:

  • Trafficking offense prohibited by Florida Statute 893.135(1)
  • Arson
  • Sexual battery
  • Robbery
  • Burglary
  • Kidnapping
  • Escape
  • Aggravated child abuse
  • Aggravated abuse of an elderly person or disabled adult
  • Aircraft piracy
  • Unlawful throwing, placing, or discharging of a destructive device or bomb
  • Carjacking
  • Home-invasion robbery
  • Aggravated stalking
  • Murder of another human being
  • Resisting an officer with violence to his or her person
  • Aggravated fleeing or eluding with serious bodily injury or death
  • Felony that is an act of terrorism or is in furtherance of an act of terrorism.
THIRD DEGREE MURDER

Third degree murder is the least severe form, punishable as a second degree felony. Third degree murder is the unlawful killing of a human being, when committed without an intent to result in death, by a person engaged in the commission of, or in the attempt to perpetrate, any felony other than any:

  • Trafficking offense prohibited by Florida Statute 893.135(1)
  • Arson
  • Sexual battery
  • Robbery
  • Burglary
  • Kidnapping
  • Escape
  • Aggravated child abuse
  • Aggravated abuse of an elderly person or disabled adult
  • Aircraft piracy
  • Unlawful throwing, placing, or discharging of a destructive device or bomb
  • Unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described in s. 893.03(1)(2)(a)4., or opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user
  • Carjacking
  • Home-invasion robbery
  • Aggravated stalking
  • Murder of another human being
  • Resisting an officer with violence to his or her person
  • Aggravated fleeing or eluding with serious bodily injury or death
  • Felony that is an act of terrorism or is in furtherance of an act of terrorism.
DEFENSES

Death cases are responsible for some of the most famous defenses ever proffered in a courtroom. If there is a legitimate defense that you haven’t committed the crime, identity is certainly an issue. Lack of eyewitness identification, fingerprints, DNA, or motive are all things to consider when defending against this charge. With respect to premeditated murder a defense may rely on the State’s inability to show premeditation as the mental state. Depending on the strength of the State’s evidence, certain defenses may or may not be available. Any good Tampa lawyer will be able to determine after review of your case what defenses are available and what is the best strategy for your case. The Tampa criminal lawyers at The Mayberry Law Firm take an aggressive approach to homicide cases to show you could not possibly be guilty of the allegations. If you’re being investigated for a crime involving a death or have been charged with the same, do not talk to the police! Contact the attorneys at The Mayberry Law Firm law firm today for a free consultation at 813-444-7435.