Florida homicide charges range from manslaughter, a second degree felony punishable by up to 15 years, to first degree murder, a capital felony punishable by life in prison or death. Second degree murder can carry life in prison. Because the stakes are the highest in criminal law, a homicide defense needs to begin immediately, often before charges are filed.
Key facts at a glance
| First degree murder | Capital felony, life without parole or death (§ 782.04, Fla. Stat.) |
|---|---|
| Second degree murder | First degree felony punishable by up to life |
| Third degree murder | Second degree felony |
| Manslaughter | Second degree felony under § 782.07, Fla. Stat., up to 15 years |
| Vehicular homicide | Second degree felony under § 782.071, Fla. Stat. |
| DUI manslaughter | Second degree felony with a 4 year mandatory minimum |
In Florida, a capital charge requires a grand jury indictment.
What is the difference between murder and manslaughter in Florida?
First degree murder requires premeditation or a killing during certain serious felonies. Second degree murder is a killing by an act imminently dangerous to others showing a depraved mind, without premeditation. Manslaughter is a killing by an intentional act, procurement or culpable negligence that is not justified or excusable and does not meet the definition of murder. The line between these charges often decides whether someone faces a life sentence or a term of years.
Can you get bond on a murder charge in Florida?
For first degree murder and other offenses punishable by life, a judge can deny bond if the proof of guilt is evident or the presumption is great. The defense can request an Arthur hearing, where the State must meet that burden. For other homicide charges, bond is set based on the facts and the person's ties to the community.
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What defenses apply in homicide cases?
- Self-defense and Stand Your Ground. Justifiable use of deadly force can lead to immunity from prosecution under § 776.032, Fla. Stat..
- Misidentification. Eyewitness identification is often unreliable.
- Forensic challenges. Autopsy findings, DNA, ballistics and cell phone data can be questioned by defense experts.
- Lack of intent or premeditation. This can reduce murder to a lesser offense.
- Constitutional violations. Coerced statements and illegal searches can be suppressed.
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Why choose Daniel Rosenberg?
- Experience. A member of the Florida Bar since 2006, defending clients in Broward County and federal courts.
- Direct access. When you call, you will often speak directly with Daniel himself.
- Local. Office at 802 NE 20th Ave in Fort Lauderdale, minutes from the Broward County Courthouse.
- Every resource. Success is never guaranteed, but every available resource goes into your defense.
Frequently asked questions
What is the sentence for second degree murder in Florida?
Second degree murder is a first degree felony punishable by up to life in prison. Firearm use can trigger additional mandatory minimums.
Is manslaughter a felony in Florida?
Yes. It is generally a second degree felony punishable by up to 15 years, and more in certain circumstances.
Should I talk to detectives if I was acting in self-defense?
Not without a lawyer. Your attorney can present the self-defense facts in a way that protects you.
What is an Arthur hearing?
It is a bond hearing in a capital or life felony case where the State must show the proof of guilt is evident or the presumption great to hold someone without bond.
Does Florida still have the death penalty?
Yes. First degree murder is a capital felony, and prosecutors decide whether to seek death in a particular case.
Related legal guides
Arrests & CourtHow Bail and Bond Work in Broward County
Arrests & CourtShould You Talk to Police Without a Lawyer?
Violent CrimesFlorida's Stand Your Ground Law Explained
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Florida law referenced: § 776.032, § 782.04, § 782.07, § 782.071, Florida Statutes (2025).
Last updated November 8, 2026. This page provides general information about Florida law and is not legal advice. Every case is different. Laws change, so contact an attorney about your specific situation.