Category Archives: Murder Manslaughter
When Can Self-Defense Claims Fail in a Florida Manslaughter Case?
Florida law has always provided residents the right to defend themselves and others against imminent harm. This is known as self-defense. In 2005, the state’s “Stand Your Ground” law expanded those protections, allowing people to use force, including deadly force, without being legally obligated to retreat if they are justified to do so. If… Read More »
Can Homicide Charges Be Reduced in Florida?
Homicide is one of the most serious crimes you can be charged with in Florida. Whether you are facing murder or manslaughter, the penalties can be severe, including decades in prison or even life imprisonment without parole. However, if you are facing homicide charges, it is crucial to understand that there may be ways… Read More »
How “Inevitable Discovery” Can Affect an Orlando Manslaughter Case
If the police illegally obtain evidence in a criminal case, you might assume that automatically means that evidence cannot be used at trial. But that is not always true. If the government can prove they would have inevitably discovered the same evidence using legal means, the trial court has the discretion to admit the… Read More »
Is Manslaughter a “Crime of Violence”?
Federal law has long barred many convicted felons from legally owning a firearm. In sentencing a person convicted of being a felon in possession of a firearm, a federal judge must consider whether the defendant has at least two prior convictions for a “crime of violence” on their record. If they do, that increases… Read More »
Does Using a Flashlight Violate the Fourth Amendment?
At a basic level, the Fourth Amendment to the United States Constitution protects your home from unlawful searches by the police. With some exceptions, an unlawful search occurs when you do not consent to the search or the police fail to obtain a warrant based on a finding of probable cause. One limited exception… Read More »
When Can You Argue Self-Defense to a Florida Jury?
Not all use of deadly force is a crime under Florida law. For instance, a person charged with murder or manslaughter may argue, as an affirmative defense, that their use of deadly force was “necessary to prevent imminent death or great bodily harm” to themselves or another person. Additionally, the use of force is… Read More »
Understanding Florida’s New Capital Sentencing Rules
Florida is one of 27 U.S. states that continue to impose capital punishment–i.e., the death penalty–for certain crimes. Until recently, a jury in a capital case had to be unanimous in recommending a death sentence. But the Florida legislature recently amended that rule, which has led to confusion over what standard applies to pending… Read More »
Culpable Negligence and Aggravated Manslaughter in Florida
In Florida, an unlawful killing that does not rise to the level of murder is considered manslaughter. This does not mean a manslaughter charge is something to be taken less seriously. To the contrary, in many cases a manslaughter charge–especially if it is considered “aggravated” manslaughter–is a felony of the first degree under Florida… Read More »
Adolescents Can Be Sentenced To Life In Prison For Murder In Florida
The definition of murder in Florida is the illegal act of taking another person’s life. Murder can either be premeditated, meaning it was planned, or it can be unintentional. When breaking down a murder charge in Florida, several factors will be evaluated. Some include the details of the event if there was intent and… Read More »
Manslaughter Vs. Murder
When you think of the terms “manslaughter” and “murder,” you probably think they mean the same thing. While both involve the act of killing someone (known as homicide), there are differences, with the main one being intent. The difference could be harsher punishment and elevated criminal charges, so make sure you understand what’s at… Read More »
