In Florida, murder is the top criminal charge one can face. As such, the penalty for murder is severe: either life in prison, or capital punishment (death penalty).
Common defenses to murder charges include:
"Intent" is the determining factor between first- and second-degree murder charges. With first degree murder, a premeditated, willful killing of a human being takes place. With second degree murder, a human is killed, but it was not planned in advance. For example, when arson, kidnapping, sexual battery, or other crimes take place, a human may be unintentionally killed. Florida state law requires at least a second-degree murder charge if a victim dies during the commission of such crimes.
In Florida, unintended deaths committed during a felony crime are treated harshly: the State treats them as first-degree murders, rather than second-degree murders, as long as the defendant or another criminal participant in the felony caused the unlawful killing.
If you or a loved one are facing murder charges, contact Blaine today for a free initial consultation.