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Homicide

Miami & Fort Lauderdale Homicide Defense Attorney

Scales of justice

In Miami and Fort Lauderdale it is very common for someone’s death to be as a result of an intentional killing, or as a result of an inherently dangerous or negligent act. In those circumstances, the people determined to be responsible, or involved, may be charged with homicide. In Miami and Fort Lauderdale, in the most severe cases the State of Florida may seek the death penalty. In other situations, such as when a person is charged with Felony murder, that individual may face life in prison. The penalties are severe, and you need a reliable counselor by your side. The State Attorney’s offices of Miami Dade and Broward/Fort Lauderdale take a special interest in prosecuting murders, and they assigned the most experienced prosecutor’s to handle those cases. Make sure you have someone who will stand up for you when you or a loved one’s life is on the line. Call us today to set up a free consultation in either downtown Miami or Fort Lauderdale. We here at Gilbert and Smallman will fight hard to protect your life.

Below are the Florida Statutes that apply to Homicide cases:

CHAPTER 782
HOMICIDE

782.02 Justifiable use of deadly force.

782.03 Excusable homicide.

782.035 Abrogation of common-law rule of evidence known as “year-and-a-day rule”.

782.04 Murder.

(1)(a) The unlawful killing of a human being:

1. When perpetrated from a premeditated design to effect the death of the person killed or any human being;

2. When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any:

a. Trafficking offense prohibited by s. 893.135(1),

b. Arson,

c. Sexual battery,

d. Robbery,

e. Burglary,

f. Kidnapping,

g. Escape,

h. Aggravated child abuse,

i. Aggravated abuse of an elderly person or disabled adult,

j. Aircraft piracy,

k. Unlawful throwing, placing, or discharging of a destructive device or bomb,

l. Carjacking,

m. Home-invasion robbery,

n. Aggravated stalking,

o. Murder of another human being,

p. Resisting an officer with violence to his or her person,

 

q. Felony that is an act of terrorism or is in furtherance of an act of terrorism; or

3. Which resulted from the unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described in s. 893.03(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,

is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082.

(b) In all cases under this section, the procedure set forth in s. 921.141 shall be followed in order to determine sentence of death or life imprisonment.

(2) The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) When a person is killed in the perpetration of, or in the attempt to perpetrate, any:

(a) Trafficking offense prohibited by s. 893.135(1),

(b) Arson,

(c) Sexual battery,

(d) Robbery,

(e) Burglary,

(f) Kidnapping,

(g) Escape,

(h) Aggravated child abuse,

(i) Aggravated abuse of an elderly person or disabled adult,

(j) Aircraft piracy,

(k) Unlawful throwing, placing, or discharging of a destructive device or bomb,

(l) Carjacking,

(m) Home-invasion robbery,

(n) Aggravated stalking,

(o) Murder of another human being,

(p) Resisting an officer with violence to his or her person, or

(q) Felony that is an act of terrorism or is in furtherance of an act of terrorism, by a person other than the person engaged in the perpetration of or in the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony is guilty of murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than any:

(a) Trafficking offense prohibited by s. 893.135(1),

(b) Arson,

(c) Sexual battery,

(d) Robbery,

(e) Burglary,

(f) Kidnapping,

(g) Escape,

(h) Aggravated child abuse,

(i) Aggravated abuse of an elderly person or disabled adult,

(j) Aircraft piracy,

(k) Unlawful throwing, placing, or discharging of a destructive device or bomb,

(l) Unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described in s. 893.03(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,

(m) Carjacking,

(n) Home-invasion robbery,

(o) Aggravated stalking,

(p) Murder of another human being,

(q) Resisting an officer with violence to his or her person, or

(r) Felony that is an act of terrorism or is in furtherance of an act of terrorism,

is murder in the third degree and constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) As used in this section, the term “terrorism” means an activity that:

(a)1. Involves a violent act or an act dangerous to human life which is a violation of the criminal laws of this state or of the United States; or

2. Involves a violation of s. 815.06; and

(b) Is intended to:

1. Intimidate, injure, or coerce a civilian population;

2. Influence the policy of a government by intimidation or coercion; or

3. Affect the conduct of government through destruction of property, assassination, murder, kidnapping, or aircraft piracy.

History.–s. 2, ch. 1637, 1868; RS 2380; GS 320

782.051 Attempted felony murder.
782.07 Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.
782.071 Vehicular homicide.
782.072 Vessel homicide.
782.08 Assisting self-murder.
782.081 Commercial exploitation of self-murder.
782.09 Killing of unborn quick child by injury to mother.
782.11 Unnecessary killing to prevent unlawful act.
782.30 Short title.
782.32 Definitions.
782.34 Partial-birth abortion.
782.36 Exceptions.

*Click Here to view the DUI Law for the State of Florida*

Our Law Offices are Located at:

Broward Office
(As of March 28, 2014)

Law Offices of Gilbert & Smallman PLLC
3475 Sheridan St. #301
Hollywood, FL 33021
Cell: (954) 661-7371
Office: (954) 251-3106
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Law Offices of Gilbert & Smallman PLLC
The White Building
One Northeast Second Ave,
Suite 200
Miami, FL 33132
Cell: (786) 371-4431
Office: (786) 863-8568

Tallahassee Office

Law Offices of Gilbert & Smallman PLLC
909 East Park Avenue
Tallahassee, FL 32301
Phone: (850) 391-7045
Fax: (850) 391-6152

North Miami Office

Law Offices of Gilbert & Smallman PLLC
12550 Biscayne Blvd, Suite 800
North Miami, FL 33181
Office: ((786) 863-8568
Cell: (786) 371-4431
Fax: (954) 404-6003