The most serious crime one can be charged with is murder. Whether in the State of Florida or anywhere, no crime carries the stigma of a murder conviction. Additionally. no crime carries the potential for mandatory life in prison as much as a murder conviction.
For the purposes of this entry I will speak to you as though your family
member is being charged with murder. This is because you are likely not
going to be reading my blog if you are the one being charge. When you
are facing murder charges, you will more than likely be held in jail without bond.
In Florida, murder is divided into categories. For purposes of this entry,
I will discuss First (1st) Degree Murder, and Second (2nd) Degree Murder.
First (1st) Degree Murder:
The State of Florida must prove the following:
1) The victim is dead.
2) The death was caused by the criminal act of Defendant.
3) There was a premeditated killing of victim.
The State of Florida must prove premeditation. Premeditation is defined
as "killing after consciously deciding to do so." Premeditation
can be measured in months or years, or even a few seconds. So long as
the State can prove that the accused thought about killing the alleged
victim prior to the murder, the accused can be convicted of first (1st)
degree murder.
Second (2nd) Degree Murder:
The State of Florida must prove the following:
1) The victim is dead.
2) The death was caused by the criminal act of Defendant.
3) There was an unlawful killing of victim by an act imminently dangerous
to another and demonstrating a depraved mind without regard for human life.
It is important to remember that in order to prove second (2nd) degree
murder, the State of Florida does not have to prove that the accused had
an intent to cause death. The State need only prove that the defendant
acted without regard for human life. An example of this would be shooting
into a crowd of people.
Murder is serious business. Homicide detectives, especially in the Miami-Dade
Police Department and City of Miami Police Department, are some of the
most skilled law enforcement officers around. They are also very good
at getting confessions out of accused murderers.
Homicide cases, in both Miami and Broward, utilize the utmost resources
of law enforcement. That means that crime scenes will be scrutinized,
suspects will be interviewed, and witnesses will be dragged into court,
sometimes against their will. Police and prosecutors will stop at nothing
to secure a murder conviction. Some of the best prosecutors in the United
States are homicide prosecutors in the Miami-Dade State Attorney's
Office, and the Broward State Attorney's Office.
As a
criminal defense attorney handling murder cases in Miami and Broward, I am aware of the talent and
resources that police and prosecutors dedicate to homicide cases. Don't
fight against these forces unprepared.
Contact me today to discuss your loved one's murder case.