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Murder

Murder in Florida is set out in Florida Homicide Statute 782.04. If you have been charged with the intentional death of another, it is imperative that you contact an experienced and zealous attorney to stand up for your rights. There is no crime more intensely investigated and prosecuted than the crime of murder. When the life of an individual is taken, local and Federal law enforcement agencies, in concert with the applicable Prosecutor’s office will stop at nothing to solve the crime. Law Enforcement has very specialized departments, highly trained and dedicated to homicide investigations, with the best and most advanced technology available to aid their efforts. When Law Enforcement’s manpower and technology is focused on you as the suspect of this crime, you must take advantage of any and all help you can get. Tampa criminal attorney Jason Mayberry has the experience and dedication to stand by you throughout this horrible time. We will work tirelessly to uncover every stone in order to discover and utilize any evidence available to our client’s benefit. No matter the stage of a murder investigation, the Tampa criminal attorneys at The Mayberry Law Firm are skilled at handling cases such as this. Whether the case is at an “investigatory” stage, benefitting from our attorneys providing evidence benefitting our client to law enforcement, or after charges have been filed through the discovery process and trial, our firm is experienced to aid you in this time of need.

First Degree Murder

First degree murder is the most serious of all classifications of death crimes and a conviction can result in the death penalty, depending upon the circumstances proven if one is convicted. First degree murder constitutes the unlawful killing of a human being when committed with premeditation, to result in the death of the person killed. Stated more simply, if there has been a plan to kill another person, that is not borne out of an enraged, depraved mind, then this classification of murder is applicable. Premeditation can be formed in an instant and triers of fact have often found that premeditation does not require days or even hours of contemplation as to whether to commit such a crime. Capital first degree murder can also be charged if there is an unlawful killing of a human being by a person who is engaged in the commission of a felony, such as:

The Florida Legislature also found it applicable 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. Murder charges secondary to a drug deal resulting in an overdose is being pursued now more than ever, illustrating society’s intolerance for long term consequences resulting from the illicit drug trade.

Second Degree Murder

Second degree murder is defined as 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 which is 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 crimes such as:

  • Trafficking offense prohibited by Florida Statute 893.135(1)
  • Arson
  • Sexual battery
  • Burglary
  • Robbery
  • Kidnapping
  • Home-invasion robbery
  • Escape
  • Aggravated child abuse
  • Aggravated abuse of an elderly person or disabled adult
  • Aircraft piracy
  • Carjacking
  • Unlawful throwing, placing, or discharging of a destructive device or bomb
  • 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 of homicide, which is punishable as a second degree felony. Third degree murder constitutes 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:

  • Trafficking offense prohibited by Florida Statute 893.135(1)
  • Arson
  • Sexual battery
  • Robbery
  • Burglary
  • Carjacking
  • 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
  • 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 available that you haven’t committed the crime, identity is certainly an issue to illuminate. Lack of eyewitness identification, fingerprints, DNA, and/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 at the time of the crime. Depending on the strength of the State’s evidence, certain defenses may or may not be available. Any effective Tampa lawyer will be able to determine, after review of your case, what defenses are available and what the best strategy is for your case. The Tampa criminal lawyers at The Mayberry Law Firm handle homicide allegations aggressively, ensuring that all favorable evidence is utilized to prove our client’s innocence, working toward the best possible outcome. If you are being investigated for a crime involving a death or have been charged with the same, do not agree to speak to law enforcement or submit to a polygraph examination. Your first step is to contact our attorneys at The Mayberry Law Firm law firm today for a free consultation, and if we are the right fit for you, allow us to guide you through this process. We are here for you at 813-444-7435, or email Jason directly at jason@mayberryfirm.com.

Client Reviews
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