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Criminal Defense Lawyer in Orlando, FL

Homicide Lawyer in Orlando, FL

No matter what your religious, political, or personal beliefs, most everyone can agree that killing another person is bad (except, of course, in certain accepted situations such as self-defense). Almost every civil society on the planet has some legal or cultural rule about killing another person, and the consequences for doing so are generally severe. If you’ve been accused of any kind of homicide, or suspect you may be involved in a homicide investigation, you need an experienced homicide defense lawyer to help you navigate your case. Contact Hanlon Law in Orlando today to schedule a free consultation. 


What is Homicide? 


Homicide is a legal term used to describe any situation in which one person kills another. There are many, many reasons why someone might kill, which means there are just as many classifications of homicide, each with its own related sentence.  However, not all homicide is considered criminal. Florida Statute 782 details the different types of homicide, including which types are considered criminal and the subsequent consequences. 


Excusable Homicide


While never ideal, there are some situations in which homicide is considered excusable. 


The first is when a death is caused by accident or misfortune in doing a lawful act by lawful means with ordinary caution and without unlawful intent. Basically, if by going about your day-to-day life doing day-to-day things and exercising reasonable caution, you manage to accidentally kill someone, that would be considered excusable homicide. 


Another example of excusable homicide, commonly called a crime of passion, is when you react unthinkingly to a sudden and sufficient provocation. Generally, for a crime of passion to be dismissed as excusable, the emotional overwhelm of the moment must have caused you to act without thinking.


Similarly, deaths resulting from an accident or misfortune of sudden combat are considered excusable, assuming a dangerous weapon is not used, and the manner of killing is not cruel or unusual. So, if someone attacks you suddenly, and your in-kind response ends with their death, that could be considered excusable. 


Justifiable Homicide


Justified homicide is a little different. Where excusable homicide is socially understandable but not socially acceptable, justified homicide is socially acceptable. Justified homicide is when you kill someone who was attempting to either kill you or commit some other felony against you. An example of justified homicide is self-defense, the use of deadly force to protect oneself or someone else. 


Murder


Murder is the most severe form of inexcusable homicide, and is divided into three different levels: first-degree, second-degree, and third-degree. 


First-degree murder, the most serious, is when the murder was premeditated. This means the defendant thought about the crime before committing it and planned their actions ahead of time. 


Second-degree murder is when the death in question is caused by “imminently dangerous” actions that demonstrate a “depraved mind.” Basically, you knew you were doing something very dangerous that would likely cause someone’s death, you did it anyway, and someone died.


Lastly, we have third-degree murder, which is reserved for deaths caused during the commission of a non-violent crime. If you or an accomplice cause someone’s death while committing a crime that is not on the qualifying lists for first- or second-degree murder, you can be charged with third-degree murder.


Other murder charges include the killing of an unborn child by injuring or killing the mother, or the unnecessary killing of another person to stop them from committing an unlawful act. 


Manslaughter


Manslaughter is used to describe homicides that do not qualify as justified or excusable, but also do not include the pre-planning or forethought required to be considered murder. Such crimes can be classified as either voluntary or involuntary, depending on whether the death in question is the result of an intentional act or culpable negligence. 


In the state of Florida, manslaughter can be either voluntary or involuntary, and classified into one of three categories. 


Manslaughter by Act is a voluntary manslaughter charge in which the death in question was caused by your actions, and those actions cannot be justified for reasons such as self-defense. 


Manslaughter by Procurement, also a voluntary manslaughter charge, is when you persuade, induce, or otherwise encourage someone else to cause a death through actions that cannot be justified for reasons such as self-defense. 


Manslaughter by Culpable Negligence, also called negligent homicide, is an involuntary manslaughter charge. This is when you did not specifically intend to cause harm to the victim, but did so through careless, reckless, or otherwise negligent actions. 


Homicide by Vehicle


Homicide by vehicle, more commonly known as vehicular manslaughter, is when a driver kills another person while operating a motor vehicle, usually due to gross recklessness. Recklessness, in this context, is defined by Florida Statute 316.192(1)(a) as the “willful or wanton disregard for the safety of persons or property.” 


It’s important to note that speeding is not required for a vehicular manslaughter charge, as you can drive recklessly while obeying the speed limit.


Homicide by Vessel (Aircraft or Boat)


Homicide by vessel is when someone kills another person by operating a vessel (such as an aircraft or watercraft) in a reckless manner. Again, recklessness is defined in this context as the “willful or wanton disregard for the safety of persons or property.” 


Aiding in Another Person’s Suicide (“Self-Murder”)


In the state of Florida, deliberately assisting another person in suicide (self-murder) is considered manslaughter, and is charged as a second-degree felony. 


“Deliberately assisting,” in this context, means to “aid, abet, facilitate, permit, advocate, or encourage an act where the death of another person is the intended result.” This could look like helping someone secure a noose around their neck, or simply encouraging someone over the phone to follow through with suicidal thoughts. 


The state of Florida also criminalizes the commercial exploitation of self-murder as a third-degree felony. This is when someone facilitates commercial or entertainment-based attention for an event that includes self-murder. For example, securing a venue, assisting in transportation for spectators, acting as security for the event, et cetera can all be charged as the commercial exploitation of self-murder.

What are the Consequences of Homicide? 


No matter what type of homicide charges you face, you’re likely looking at a sentence involving length prison time and hefty fines. Depending on the severity, you may even be met with the death penalty. 


It’s also important to realize that even lesser prison sentences still come with long-term consequences. As homicide charges are often some degree of felony, you’ll be living the rest of your life as a convicted felon. This can negatively impact your ability to secure housing, employment opportunities, education, and professional licensure – not to mention the social repercussions. 


Homicide Defense Lawyers Near You In Orlando, Florida


Despite these severe consequences, all hope is not lost. If you’ve been charged with any form of homicide, there are plenty of strategies to take. But you need an experienced defense lawyer to help you decide the best stance for your case. At Hanlon Law, our team leverages nearly 20 years of experience in the courtroom to your advantage. We’ll find every opportunity to advocate on your behalf and help you secure the best possible outcome. Contact Hanlon Law today to schedule a free consultation.

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