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Homicide consists of the killing of another when done intentionally or unintentionally. Not all homicides are considered to be murder, such as in manslaughter cases or when acting in self-defense. Murder generally refers to the unlawful and premeditated killing of another while other forms of homicide occur under other circumstances. Any action, however, that results in the death of another is one of the most serious legal matters you will ever face.
If you or someone you love is facing a murder or homicide-related charge, it is essential that you bring in an experienced trial attorney. At Prya Murad Law, PLLC, our Miami murder and homicide attorney has dedicated the majority of her career to trial advocacy. Our firm understands the gravity of these charges in terms of the effect they can have on your life as well as that of your family. Any charge related to the taking of another life puts you at risk of incarceration for up to a lifetime, depending on the facts of the case. A conviction will tarnish your reputation putting extreme limits on future life opportunities, even after any sentence has been served.
Being charged with the act of killing another person is one of the most frightening and serious legal matters you can face. A conviction of this type of offense will jeopardize your freedom and your future with long-term prison time. This is a situation that demands the knowledge, skills, and resources of a committed defender. Our firm is dedicated to doing everything legally possible to help you reach a favorable outcome through extensive case investigation, preparation, and courtroom advocacy.
Charged with a homicide-related crime? Request an initial consultation with our experienced defender by contacting Prya Murad Law, PLLC, online or at (305) 393-0751. Hablamos español.
Murder in Florida law is defined as the premeditated killing of another. It can also be the killing of another while committing some other felony, such as robbery, kidnapping, carjacking, aggravated stalking, and other crimes.
Murder is categorized as first, second, and third degree in Florida. First-degree is the most severe form of murder. When it is declared a “capital” felony, it is punishable by life imprisonment or, in very rare cases, death. Second-degree murder occurs without premeditation but without a regard for life and can be punished by up to life in prison. Third-degree murder generally occurs in the heat of the moment when under severe stress and carries up to 15 years in prison.
Manslaughter is defined under Florida law as killing someone “by the act, procurement, or culpable negligence of another, without lawful justification.” It may be committed as a voluntary action, by persuading someone else to commit it, or as an involuntary act through negligence. It is charged as a second-degree felony carrying up to 15 years in prison and a fine of up to $10,000.
Police officers must follow appropriate procedures when conducting criminal investigations, arrests, and when booking arrested suspects. They must also preserve a suspect’s civil and constitutional rights in all their interactions. It is possible for a person to face an entirely wrongful charge of homicide in Florida simply for being in the wrong place at the worst possible time. It is also possible for the police to conduct an arrest of a person based on that person’s appearance. While police are sometimes required to use sketches and unclear video images to identify murder suspects, they cannot simply arrest a person for the way they look.
Civil and constitutional rights violations are some of the fastest ways for a criminal case to unravel and for the defendant to avoid prosecution. However, these failures of the justice system are exceedingly rare. If you or a loved one has been arrested for any type of homicide in Miami, the arrest likely occurred at the scene of the crime, or the prosecution has more than enough evidence to confidently pursue conviction.
If you did kill another person, avoiding the worst penalties on the table could require proving you acted in self-defense, had no intention of causing fatal harm to the victim or proving they caused their own death somehow. Florida is one of many US states to enforce a Stand Your Ground law, meaning you have no duty to retreat and the right to respond with force when a threat of force is levied against you. If you were threatened with immediate fatal harm and were forced to protect yourself with lethal force, you may need an experienced defense attorney’s help to prove this in court.
Any killing of another person, either intentional or negligent, is likely to lead to serious penalties for the defendant. Most homicide cases are prosecuted at the felony level, with defendants facing heavy fines, incarceration in state prison, and many other penalties at the discretion of the court. It is possible for someone to face a misdemeanor homicide charge if they negligently caused the death of another person but had no intention of causing harm and did not engage in any willful illegal conduct in the events in question.
It’s also possible for homicide to be attached to related criminal offenses. For example, if a driver was under the influence of drugs or alcohol and caused a fatal accident, they would face charges for DUI in addition to vehicular manslaughter. If someone commits an armed assault and robbery of another person and causes their death, even unintentionally, they are likely to face murder or manslaughter charges.
Ultimately, there are countless ways a homicide case can evolve into a very complex mess of legal problems for the defendant. The best way to approach this kind of difficult situation is with legal counsel you can trust from a capable and experienced Miami homicide defense attorney.
Every American citizen has two very important constitutional rights that come into effect during an arrest for any kind of criminal offense. The first is the right to remain silent under the Fifth Amendment. The second is the right to legal counsel under the Sixth Amendment. You are not legally required to answer any questions from the police after an arrest, no matter the severity of the charges against you. However, if you resist arrest in any way, you are likely to face increased penalties and additional charges added to your original charge. If you try and explain your way out of the situation, anything you say is likely to be used against you in criminal court.
You have the right to legal counsel, and you should exercise your right to remain silent until you are able to contact an experienced criminal defense attorney. Once you have an experienced Miami homicide defense attorney working on your case, they will be able to identify the best defenses available to you. You may not only need to formulate a defense against the homicide charge against you but additional charges as well.
Success with your defense may involve presenting contradictory evidence that disproves the accusation against you or establishing an alibi backed by eyewitness testimony. It’s also possible for various professionals to testify as expert witnesses in criminal trials, explaining the most complex details in understandable terms for the court. When you choose Prya Murad Law, PLLC, to represent your defense, you can trust our team to explore every possible option for securing case dismissal if possible or a lighter sentence if necessary.
Any intentional act of homicide is likely to qualify for the harshest felony prosecution possible under Florida law, with the defendant facing many years to life in state prison along with various other penalties assigned at the discretion of the judge. Though rarely extended in homicide cases, prosecutors are sometimes willing to offer plea agreements to defendants faced with certain convictions.
If the prosecution has all the evidence it needs to convict the defendant, a plea deal could enable the defendant to secure a slightly reduced sentence in exchange for a swift guilty plea. While this type of offer might be extended after an unintentional act of negligent homicide, it is very unlikely for any defendant guilty of a premeditated murder to have the option to plea bargain. In the event you did commit the offense in question, your Miami homicide attorney is the best resource to consult to determine if accepting a plea deal is the best option in your situation.
An experienced Miami murder & homicide attorney is an essential asset when you or a loved one faces potential conviction of any homicide-related offense in Florida. Attorney Prya Murad has extensive litigation experience and is fully prepared to represent you in intense criminal court proceedings. With years of professional experience representing defendants in Miami, Broward, and Palm Beach counties, our team is ready to provide the robust legal defense you need in this dire situation.
Contact Prya Murad Law, PLLC, today and schedule your consultation with a Miami homicide attorney you can trust with your defense.