Tampa Homicide Defense Lawyer

 
Whether you are successful in the defense of your murder charge depends on how fast you act from the very beginning. Although a homicide charge is one of the most difficult to defend, there are many situations that justify and excuse the killing. To make sure that such a defense is available to you, you must set the stage early. Our homicide defense attorneys at Escobar, Michaels & Associates focus on the defense of murder cases. They either present cases to juries or come to other resolutions without going to trial.

The terms “murder” and “homicide” refer to the act of killing another human being, often in the heat of passion. There are several degrees of homicide, including first-degree murder, second-degree murder, felony murder and manslaughter. Like with any other crime, those accused of homicide have the right to a lawyer, the right to a jury trial, the right to remain silent, the right to confront their accusers and the right to produce evidence.

Noncriminal Homicides

Sometimes, although someone is killed, no crime has been committed because the killing is justified or excused. Self-defense is easily one of the most recognized defenses that make a homicide noncriminal. If a person believes that their own life is in danger, self-defense can be used to defeat a murder charge successfully. Other defense theories can include insanity, which involves a person being excused from criminal liability for breaking the law because they were mentally ill at the time of the bodily harm to the extent that they did not appreciate the nature of the act, its consequences and the fact that it was wrong.

Our homicide defense lawyers can help you defend against homicide charges such as:

• Justifiable homicide
• Excusable homicide
• Felony murder
• Involuntary manslaughter
• Murder
• Vehicular homicide

Sometimes, an incident is nothing more than an accident and is not criminal in nature. Often, the person accused is misidentified as the perpetrator or has an alibi that proves that they were at some other place when the murder took place. Very common in homicide cases is false identification and false testimony against the accused by an alleged victim or witness. Early intervention and investigation by a legal defense team are the keys to a desired outcome in a murder case. At Escobar, Michaels & Associates, our team has also developed theories to defeat the prosecution’s DNA and fingerprint evidence.

How Our Lawyers Defend Our Clients

As soon as you become a client of Escobar, Michaels & Associates, our attorneys will set out on their own investigation to learn the specifics of your case. Law enforcement does not investigate the facts and witnesses that prove that you are innocent. On the contrary, police seek out sufficient evidence that indicates that the accused is, in fact, guilty. To counter this, our lawyers have their own forensics experts and investigators who will help them defend your case. These specialists include former medical examiners, DNA experts, ballistic experts, pharmacologists, jury consultants, psychologists and psychiatrists.

While our attorneys bolster your defense, they will also attack the prosecution in your case. They will review the details of your case to determine whether the police made any errors in your arrest that could dismiss your case, and they will scrutinize any witness testimony to confirm the validity of what they really saw and challenge the integrity of the evidence that the prosecution has.

Our homicide defense lawyers’ defense methods have successfully helped clients overcome their murder convictions in these cases. One recent case of note that they won was the defense case of SWAT commander Curtis Reeves, who was acquitted for the shooting of Chad Oulson.

What Are The Penalties For Murder In Florida?

The penalties you face under Florida law depend on the specific charges and the details of your case. The main three classifications are as follows:

• First-degree: This requires intent and premeditation, and it can lead to a prison sentence of life without parole. Additionally, Florida is one of the states that still has capital punishment, so a conviction could cause the state to seek the death penalty.
• Second-degree: This can lead to a range of sentences, starting with a minimum of 10 years and ending with life without parole.
• Third-degree: This can lead to a prison term of 15 years, with 15 more years on probation and a fine of $10,000.

No matter what charges you are facing, our experienced defense team is here to help you consider your options carefully.

What Evidence Is Considered In A Tampa Homicide Case?

Potential types of evidence in a homicide case include:

• Forensic evidence, such as DNA tests or ballistics reports
• Physical evidence, such as a firearm recovered at the scene
• Eyewitness testimony, which is one of the leading causes of false convictions
• Video evidence, such as dashcam footage or surveillance footage

The prosecution has to show evidence of guilt beyond a reasonable doubt. They often do this by presenting a wide range of evidence in multiple categories, so it is important to know how to address this evidence and what it means for your case.

What Is Murder In The First Degree?

First-degree murder in Florida is the most severe type of homicide. It is premeditated (planned in advance), and the alleged perpetrator acts with the intent to kill. This charge could also apply to a death that occurs during the commission of certain felonies, like robbery or sexual assault. First-degree murder carries the harshest sentences, including the possibility of life imprisonment or the death penalty.

What Is Murder In The Second Degree?

Second-degree murder occurs when a person is killed due to an act that is extremely dangerous and shows a depraved mind without regard for human life – but without any premeditation. This means that the killing was intentional but not planned in advance. Penalties for second-degree murder are severe, typically resulting in lengthy prison sentences.

What Is Murder In The Third Degree?

Third-degree murder charges stem from a death that occurs during the commission of a nonviolent felony. It does not involve premeditation or a depraved mind, but it still results in serious legal consequences. Convictions for third-degree murder can lead to significant prison time, although the penalties are generally less severe than those for first- or second-degree murder.

What Is The Difference Between Homicide And Murder?

Homicide is a general term that refers to the killing of one person by another. This can be either lawful or unlawful. Lawful homicides include instances such as self-defense, whereas unlawful homicides are categorized into different types: murder and manslaughter. Murder specifically refers to an unlawful homicide that involves intent or extreme recklessness.

Should I Hire A Private Attorney To Handle My Florida Homicide Case?

A charge as serious as murder can have life-altering ramifications. A conviction can result in extensive prison time – including the potential for life in prison – and a permanent record.

This is why it is so important to have a private attorney to represent your interests and work to protect your future, rather than just accepting the public defender assigned by the court. Our firm was founded in 1986, so we have decades of experience to lean on when helping you explore your defense options. We take a team approach to every case, and we prioritize communication with our clients. We can carry out a thorough investigation, consider potential errors made by the prosecution, implement innovative strategies developed for your unique case and much more.

You are innocent until proven guilty in the United States. Call us to get a legal team who will fight tirelessly for your rights.

Build A Defense Based On Your Needs

Regardless of your specific charges, our team will work with you to develop the most effective defense strategy available. An experienced lawyer who has a long and successful history of dealing with homicide cases is your best defense when you are faced with a murder charge. Call us today at 813-513-0274 or contact us online.

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