If you’ve been falsely accused or arrested for murder, it’s likely you’re feeling as though your whole world is fallen apart. There’s nothing more serious than a murder charge and the penalties, if convicted, are as serious as they come. It is probably difficult for you to even think clearly at this point about your situation and what steps you should take next.
In the state of Florida, manslaughter and murder offenses are two severe types of homicide that can lead to serious penalties if you’re convicted. Given how serious these offenses are as well as the consequences that often follow if convicted of either of them, it’s important that you consult with an experienced Broward County criminal defense lawyer if you’ve been charged with homicide.
Florida Penalties for Murder
Murder is defined through Florida Statute § 782.04 as the illegal act of killing another human individual. The penalties and charges for this offense will depend on if the crime committed was premeditated or not. A murder charge can be anything from a second-degree felony to a capital felony, depending on how severe the offense is.
The possible penalties for murder in the state of Florida depend on the degree of crime you’re charged with. Murder penalties include:
First-Degree Murder
This is the most severe charge and is handed out if there’s evidence that it was an intentional and deliberate killing. The potential penalties for a first-degree murder charge are either life in prison without the possibility of parole or the death penalty.
Second-Degree Murder
This charge is handed out if the crime showed reckless disregard for another individual’s life or if it was in the heat of passion. There must be evidence that it wasn’t deliberate or intentional. A second-degree murder charge comes with a maximum life sentence penalty. There’s a minimum sixteen and three-quarters years prison sentence for this charge without the possibility of parole. In addition, if you committed this crime using a firearm, you’re looking at 25 years.
Third-Degree Murder
A third-degree murder conviction is handed out if you were committing a felony while the killing occurred and it was unintentional. You may have been trying to harm the other individual, but your intent was not to kill them. There’s a 10 to 15 years in prison penalty for a third-degree murder charge.
Steps to Take if You’re Accused of Murder in Florida
While the criminal justice system is in place to promote order and protect citizens, it’s not flawless. In some cases, individuals are falsely accused of crimes and do end up having to go to court or even jail if the case isn’t properly handled. These types of accusations can have a severe effect on your future. If you’ve been falsely accused of this crime, it’s essential that you take the following steps to best help avoid a conviction.
1. Hire a Skilled Criminal Defense Lawyer
The very first thing you need to do if you’re falsely accused is to seek legal representation and hire an experienced Broward County criminal defense attorney. Many individuals hold the misconception that seeking a criminal defense lawyer will make them look guilty, but this isn’t true. Hiring a skilled criminal defense lawyer in Broward County early on in the process can help decrease your risks and potentially increase your chances of having the charges against you dismissed or even being found innocent during trial. Your attorney will:
- Provide you support
- Walk you through the whole process
- Help build a strong case
It’s extremely important that your lawyer determines if there’s been a violation or not to your constitutional rights. This means they’ll likely have a number of questions that they’ll need to ask you about what occurred when you were arrested, what type of interactions you had with law enforcement, if any, and whether or not law enforcement conducted any searches of you or your property. It’s vital that you answer these questions completely and accurately to develop your defense against the charges being brought up against you.
2. Gather Evidence
You’ll next want to find as much evidence as you can that helps prove your innocence. Collect the evidence and bring it to your attorney. Don’t give it to the case detective or arresting officer. Seek any witnesses who are able to corroborate your story and see if they’d be willing to speak with your attorney as well. It’s also important that you share any potentially incriminating evidence against you with your lawyer so they can come up with the best strategy to move forward.
3. Maintain your Right to Remain Silent
This is an essential step that you should definitely follow. The job of law enforcement and prosecution is to have you convicted of the crime you’re being accused of. Often law enforcement only interrogates individuals they genuinely believe committed the crime. While you might think they’re trying to be helpful, and they’ll certainly try and make you believe so through plea deals, their main objective is to convict you of the charges.
Remember, murder is the most severe possible charge and can lead to life in prison or even the death penalty in certain states (Florida is one of these states that upholds the death penalty). By not maintaining your right to remain silent and giving up valuable evidence, you’re providing the prosecution with more time to come up with a strategy to have your evidence dismissed and get you convicted of murder charges.
4. Don’t Talk With the Media
For a murder crime, the media will attempt to contact you to get a comment from you. Refrain from talking about the trial since it can hurt your case. This also includes the use of social media, as it’s become a huge source of news on its own. The media will only generate buzz around your trial which will alter the public’s perception and that of the jury. It’s best to avoid any chances of public perception against you since it could potentially say the jury and the trial. Even if you truly think you can convince the media that you didn’t do the crime and were falsely accused, this won’t help your case at all.
5. Don’t Give up your Alibi
Even though you might have a strong alibi that can help relieve you of your accused murder charges, don’t give up your alibi believing that it’s going to set you free. This is information that you need to keep between you and your lawyer until they tell you that it’s okay to reveal it. By giving up your alibi to the prosecution, you’re only giving them time to come up with ways to beat your claim. You have the right to remain silent under the U.S. Constitution and you should definitely exercise this right. Anything you say before the trial can and will likely be used against you in court, but remaining silent can’t be used against you.
Contact a Skilled Broward County Criminal Defense Attorney Today
A homicide accusation or another type of murder accusation can forever change your life. It’s important that you fight the charges with the help of an experienced and skilled Broward County criminal defense lawyer at Meltzer & Bell.
If you’ve been arrested and you face murder charges in Florida, don’t hesitate to contact the reputable Broward County criminal defense lawyers at Meltzer & Bell, P.A. to help with your case. Contact us to schedule your free consultation today.
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