Miami Homicide Defense Lawyer

Attorney for Charges of Murder or Manslaughter in Miami, FL

When a person is accused of causing the death of another person, either intentionally or through recklessness or negligence, they are likely to face serious penalties in the criminal justice system. Convictions for murder can result in life imprisonment or even the death penalty. The stakes could not be higher, and the consequences of a homicide conviction can affect a person and family for decades. In these circumstances, working with an attorney who understands the law and who will fight relentlessly for your rights is essential.

Stroleny Law: Criminal Defense Attorney provides comprehensive representation for people facing homicide charges in Miami. Our lawyer understands that homicide cases require thorough investigation, careful analysis of evidence, strategic legal action, and persuasive arguments before judges and juries. He approaches each case with the gravity it deserves, recognizing that our clients' lives and freedom depend on how these matters are handled. He has the knowledge, resources, and determination needed to challenge these serious charges and ensure that our clients receive fair treatment.

Categories of Homicide Offenses Under Florida Law

There are several distinct categories of homicide, and the severity of an offense may depend on a person's alleged intent and the facts surrounding a case. Murder offenses are defined in Florida Statutes § 782.04.

First-degree murder is the most serious homicide charge. A person could be charged with this offense based on accusations of killing someone with premeditation and carrying out plans meant to result in someone's death. First-degree murder may also include cases where someone is killed while a person was committing a crime such as burglary, robbery, carjacking, kidnapping, sexual assault, aggravated child abuse, aggravated stalking, or human trafficking. The distribution of drugs that led someone to die from an overdose could also lead to first-degree murder charges.

To convict a person for premeditated murder, proof will usually need to be provided showing that the defendant consciously decided to kill someone and reflected on that decision, even if only briefly. Felony murder, by contrast, does not require premeditation but instead applies when a killing occurs during the commission of certain dangerous felonies. First-degree murder is a capital felony, and it may be punishable by death or life imprisonment without the possibility of parole.

Second-degree murder charges may apply if a person is accused of killing someone while in a mental state in which they were indifferent to whether their actions could lead to the end of someone's life. This is known as a "depraved mind," and a person could be charged with second-degree murder if they allegedly engaged in conduct that was dangerous to others and showed a disregard for human life. Second-degree murder charges do not require premeditation, but they do generally require proof that a person acted out of ill will, hatred, spite, or evil intent. In these cases, a person could be charged with a first-degree felony, and the maximum sentence is life imprisonment.

Third-degree murder charges may apply if a person is accused of unintentionally killing someone while committing or attempting to commit a non-violent felony. Third-degree murder is a second-degree felony, and a conviction could lead to a prison sentence lasting for up to 15 years.

Manslaughter charges are addressed in Florida Statutes § 782.07. This charge may apply in cases where a person allegedly caused someone's death through negligence or killing someone in a fashion that does not meet the requirements for murder charges. In general, manslaughter is a second-degree felony. However, if the alleged victim was a child under the age of 18, an elderly person, a disabled adult, a police officer, a firefighter, or a paramedic, charges may be elevated to a first-degree felony, with a potential sentence of 30 years in prison.

Charges of vehicular homicide, addressed in Florida Statutes § 782.071, may apply when a person allegedly caused someone's death by operating a motor vehicle in a reckless or negligent manner. Vehicular manslaughter is generally charged as a second-degree felony. However, in hit-and-run cases where a person allegedly knew that an accident took place, but they did not stop and exchange information or provide aid as required, vehicular manslaughter may be charged as a first-degree felony.

Steps You Can Take to Protect Your Rights When Charged With Homicide

When you have been accused of murder or manslaughter, every decision you make from the moment of accusation can affect the outcome of your case. The most critical step is to exercise your constitutional right to remain silent and to immediately request an attorney. Law enforcement officers will most likely pressure you to provide statements, and they may use interrogation tactics to try to get a confession. Anything you say will most likely be used against you, and police are permitted to lie to you during interrogations. It is best to refuse to answer questions without having your attorney present.

Do not consent to searches of your property, your vehicle, or your phone, computer, or other electronic devices without a warrant. While refusing consent may seem suspicious to investigators, you have a constitutional right to refuse searches. Evidence obtained through searches performed without a warrant may be excluded during your case. Requiring law enforcement officers to obtain warrants will help to protect your rights.

It is important to preserve all evidence that may support your defense. This includes text messages, emails, social media communications, photographs, video recordings, receipts, and any other documentation that may be relevant. Do not delete communications or destroy evidence, as this could result in additional charges for obstruction of justice.

Avoid discussing your case with anyone other than your attorney. Conversations with family members, friends, or anyone else could be overheard, recorded, or used against you. Innocent statements can be taken out of context and used to suggest your guilt.

Defense Strategies in Homicide Cases

Our attorney can help you determine the ideal strategies to use to defend against charges of murder or manslaughter. He may take steps to show that you acted in self-defense. According to Florida Statutes § 776.012, people can use deadly force when acting to prevent death or serious harm that could affect them or someone else. Under Florida's Stand Your Ground law, a person is not required to retreat before using deadly force if they are in a place where they have a legal right to be and are not engaged in criminal activity. Our lawyer can present evidence demonstrating that you faced a genuine threat, that you believed the use of deadly force was reasonable, and that your actions were justified.

When defending against first-degree murder charges, it may be possible to challenge claims of intent and premeditation. The prosecution must prove beyond a reasonable doubt that the killing was premeditated. Our attorney can present evidence showing that the killing occurred impulsively, in response to sudden provocation, or without the calculation required for first-degree murder. This may allow charges to be reduced to second-degree murder or manslaughter.

Establishing that a person's death occurred due to an accident rather than criminal conduct may also serve as a defense. If there was no negligence or criminal intent, homicide charges may be dismissed. Our lawyer can present evidence explaining how the death occurred and show that it was an accident that was not preventable.

Forensic evidence plays a major role in many homicide cases. Prosecutors may rely on testimony from experts regarding the cause of death, the time of death, ballistics, DNA analysis, and other scientific evidence. Our attorney can work with independent forensic professionals who can review the state's evidence, conduct their own examinations, and provide testimony challenging the prosecution's conclusions. Cross-examination of the prosecution's witnesses may reveal uncertainties about what happened or alternative interpretations of the evidence.

It may also be possible to highlight weaknesses in eyewitness testimony. Research has demonstrated that people's memories and their ability to identify people are often unreliable. Misidentification of suspects is a leading cause of wrongful convictions. Our lawyer can present evidence regarding lighting conditions, distance, opportunity to observe, stress factors affecting a person's perception and memory, and influence by law enforcement. When eyewitness identifications are shown to be unreliable, the prosecution's case may collapse entirely.

How Our Attorney Can Help Fight for Your Life and Freedom

At Stroleny Law: Criminal Defense Attorney, we work with investigators, forensic professionals, and others to build strong defenses against homicide charges. We will conduct independent investigations into the circumstances of a person's death, interviewing witnesses, examining physical evidence, and developing effective defense strategies.

Our lawyer can file pretrial motions challenging the admissibility of evidence, seeking to suppress illegally obtained statements or physical evidence, and addressing other legal issues that may affect the outcome of a case. He may file motions to dismiss charges when the evidence is insufficient, seek changes of venue when pretrial publicity has tainted the jury pool, and fight to exclude evidence that would unfairly influence jurors.

He will thoroughly prepare for trial, developing opening statements that frame the case favorably, preparing witnesses to testify effectively, creating demonstrative exhibits and visual aids that will help jurors understand complex evidence, and crafting closing arguments that emphasize reasonable doubt. His trial preparation is exhaustive to ensure that your rights will be protected.

When appropriate, our attorney may negotiate with prosecutors to seek reduced charges or favorable plea agreements. While he prepares every case for trial, he also recognizes that a negotiated resolution may serve your interests by avoiding the risk of a conviction for the most serious charges. Thorough preparation demonstrating a readiness and ability to try a case can help ensure that the outcome of negotiations will be favorable.

Contact Our Miami, Florida Homicide Defense Attorney

When you face murder accusations, you need an attorney who has the knowledge, resources, and determination to challenge the prosecution's claims and fight for your life. You need a legal team that will investigate every avenue of defense, challenge every piece of evidence, and advocate for you with every available legal tool. At Stroleny Law: Criminal Defense Attorney, we are committed to providing the highest quality representation in homicide cases. We are prepared to do whatever is necessary to protect your rights and your future.

Contact our Miami murder defense lawyer at 305-615-1285 to set up a free consultation. Time is critical in homicide cases, and early intervention by our experienced attorney can make the difference between conviction and acquittal.