Homicide Charges Require The Best Defense

Fort Lauderdale Homicide Defense Attorney

Intent or malice is the key distinction between murder and manslaughter. In a murder charge, the prosecution must establish that the defendant intended to kill the victim or acted out of ill will, spite, or hatred. In a manslaughter charge, the prosecution only needs to prove that the defendant caused death through an intentional or recklessly negligent act. The penalties for intentional homicide are significantly more severe.

1st Degree Murder

• 1st-degree murder involves premeditated or felony murder.
• Premeditated murder occurs when someone plans the killing in advance.
• Felony murder happens during the commission or attempted commission of another felony, such as aggravated abuse, piracy, arson, or carjacking.
• Penalties for 1st-degree murder include death or life imprisonment without parole.

2nd Degree Murder

• 2nd-degree murder includes murder with a depraved mind or accomplice felony murder.
• Murder with a depraved mind occurs when someone is killed without premeditation but through an act dangerously indifferent to human life.
• Accomplice felony 2nd-degree murder occurs when someone aids in committing a felony resulting in death.
• Penalties for 2nd-degree murder include life imprisonment, probation, and a $10,000 fine.

3rd-Degree Murder

• 3rd-degree murder involves unintentional killing during a nonviolent felony.
• Penalties include up to 15 years in prison, 15 years of probation, and a $10,000 fine.

1. Manslaughter by Act (Voluntary Manslaughter): Intentional acts resulting in death.
2. Manslaughter by Procurement (Voluntary Manslaughter): Persuading, inducing, or encouraging another to commit an act leading to death.
3. Manslaughter by Culpable Negligence (Involuntary Manslaughter): Culpable negligence causing death.

Penalties for Manslaughter

• Penalties vary based on circumstances, including weapon use and intent.
• Manslaughter is a 2nd-degree felony with up to 15 years in prison, 15 years of probation, and a $10,000 fine.
• Manslaughter with a weapon or firearm is a 1st-degree felony with up to 30 years in prison, 30 years of probation, and a $10,000 fine.

Vehicular Homicide

When a car is involved in the offense, a defendant may face vehicular homicide charges. It occurs when someone causes death while operating a motor vehicle recklessly. Penalties include up to 15 years in prison, 15 years of probation, and a $10,000 fine. If the offender fails to provide information or aid at the scene, it becomes a 1st-degree felony with up to 30 years in prison, 30 years of probation, and a $10,000 fine.