Florida Murders - Orlando Criminal Defense Lawyer

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Florida Murder Crimes

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Orlando Florida Criminal Lawyer - Murder Offenses:
These cases involve death of another human being and have severe penalties,
and the offender faces the possibility of being sentenced life in prison or even
death in some cases should they be found guilty of the offense. If you have been
accused of this crime, you should speak with an experienced criminal defense
attorney as soon as possible to learn about your rights and the defenses that
may be available to you.

In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.

If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation

The following Florida Statues provide some information regarding criminal offenses involving Murder:

Florida Statute 782.04 - Murder.
(1)(a) The unlawful killing of a human being:

1. When perpetrated from a premeditated design to effect the death of the person killed or any human being;

2. When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any:
a. Trafficking offense prohibited by s. 893.135(1),
b. Arson,
c. Sexual battery,
d. Robbery,
e. Burglary,
f. Kidnapping,
g. Escape,
h. Aggravated child abuse,
i. Aggravated abuse of an elderly person or disabled adult,
j. Aircraft piracy,
k. Unlawful throwing, placing, or discharging of a destructive device or bomb,
l. Carjacking,
m. Home-invasion robbery,
n. Aggravated stalking,
o. Murder of another human being,
p. Resisting an officer with violence to his or her person,
q. Felony that is an act of terrorism or is in furtherance of an act of terrorism; or

3. Which resulted from the unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described
in s. 893.03(2)(a)4., opium or any synthetic or natural salt, compound, derivative, or preparation of opium, or
methadone by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of
the user, is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082.

(b) In all cases under this section, the procedure set forth in s. 921.141 shall be followed in order to determine
sentence of death or life imprisonment.

(2) The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing
a depraved mind regardless of human life, although without any premeditated design to effect the death of any
particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by
imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) When a person is killed in the perpetration of, or in the attempt to perpetrate, any:
(a) Trafficking offense prohibited by s. 893.135(1),
(b) Arson,
(c) Sexual battery,
(d) Robbery,
(e) Burglary,
(f) Kidnapping,
(g) Escape,
(h) Aggravated child abuse,
(i) Aggravated abuse of an elderly person or disabled adult,
(j) Aircraft piracy,
(k) Unlawful throwing, placing, or discharging of a destructive device or bomb,
(l) Carjacking,
(m) Home-invasion robbery,
(n) Aggravated stalking,
(o) Murder of another human being,
(p) Resisting an officer with violence to his or her person, or
(q) Felony that is an act of terrorism or is in furtherance of an act of terrorism,
by a person other than the person engaged in the perpetration of or in the attempt to perpetrate such felony, the person
perpetrating or attempting to perpetrate such felony is guilty of murder in the second degree, which constitutes a felony
of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s.
775.083, or s. 775.084.

(4) The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged
in the perpetration of, or in the attempt to perpetrate, any felony other than any:
(a) Trafficking offense prohibited by s. 893.135(1),
(b) Arson,
(c) Sexual battery,
(d) Robbery,
(e) Burglary,
(f) Kidnapping,
(g) Escape,
(h) Aggravated child abuse,
(i) Aggravated abuse of an elderly person or disabled adult,
(j) Aircraft piracy,
(k) Unlawful throwing, placing, or discharging of a destructive device or bomb,
(l) Unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or
older, when such drug is proven to be the proximate cause of the death of the user,
(m) Carjacking,
(n) Home-invasion robbery,
(o) Aggravated stalking,
(p) Murder of another human being,
(q) Resisting an officer with violence to his or her person, or
(r) Felony that is an act of terrorism or is in furtherance of an act of terrorism,
is murder in the third degree and constitutes a felony of the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.

(5) As used in this section, the term “terrorism” means an activity that:

(a)1. Involves a violent act or an act dangerous to human life which is a violation of the criminal laws of this state or of
the United States; or

2. Involves a violation of s. 815.06; and

(b) Is intended to:
1. Intimidate, injure, or coerce a civilian population;
2. Influence the policy of a government by intimidation or coercion; or
3. Affect the conduct of government through destruction of property, assassination, murder, kidnapping, or aircraft
piracy.

Florida Statute 782.051 - Attempted felony murder.
(1) Any person who perpetrates or attempts to perpetrate any felony enumerated in s. 782.04(3) and who commits,
aids, or abets an intentional act that is not an essential element of the felony and that could, but does not, cause the
death of another commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding
life, or as provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in level 9 of the Criminal
Punishment Code. Victim injury points shall be scored under this subsection.

(2) Any person who perpetrates or attempts to perpetrate any felony other than a felony enumerated in s. 782.04(3)
and who commits, aids, or abets an intentional act that is not an essential element of the felony and that could, but
does not, cause the death of another commits a felony of the first degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084, which is an offense ranked in level 8 of the Criminal Punishment Code. Victim injury points
shall be scored under this subsection.

(3) When a person is injured during the perpetration of or the attempt to perpetrate any felony enumerated in s. 782.04
(3) by a person other than the person engaged in the perpetration of or the attempt to perpetrate such felony, the
person perpetrating or attempting to perpetrate such felony commits a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in level 7 of the Criminal Punishment
Code. Victim injury points shall be scored under this subsection.

Florida Statute 782.065 - Murder; law enforcement officer.
Notwithstanding ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant shall be sentenced to life
imprisonment without eligibility for release upon findings by the trier of fact that, beyond a reasonable doubt:

(1) The defendant committed murder in the first degree in violation of s. 782.04(1) and a death sentence was not
imposed; murder in the second or third degree in violation of s. 782.04(2), (3), or (4); attempted murder in the first or
second degree in violation of s. 782.04(1)(a)1. or (2); or attempted felony murder in violation of s. 782.051; and

(2) The victim of any offense described in subsection (1) was a law enforcement officer, part-time law enforcement
officer, or auxiliary law enforcement officer, as those terms are defined in s. 943.10, engaged in the lawful performance
of a legal duty.

Florida Statute 782.09 - Killing of unborn quick child by injury to mother.
(1) The unlawful killing of an unborn quick child, by any injury to the mother of such child which would be murder if it
resulted in the death of such mother, shall be deemed murder in the same degree as that which would have been
committed against the mother. Any person, other than the mother, who unlawfully kills an unborn quick child by any
injury to the mother:

(a) Which would be murder in the first degree constituting a capital felony if it resulted in the mother’s death commits
murder in the first degree constituting a capital felony, punishable as provided in s. 775.082.

(b) Which would be murder in the second degree if it resulted in the mother’s death commits murder in the second
degree, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) Which would be murder in the third degree if it resulted in the mother’s death commits murder in the third degree,
a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) The unlawful killing of an unborn quick child by any injury to the mother of such child which would be
manslaughter if it resulted in the death of such mother shall be deemed manslaughter. A person who unlawfully kills
an unborn quick child by any injury to the mother which would be manslaughter if it resulted in the mother’s death
commits manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) The death of the mother resulting from the same act or criminal episode that caused the death of the unborn quick
child does not bar prosecution under this section.

(4) This section does not authorize the prosecution of any person in connection with a termination of pregnancy
pursuant to chapter 390.

(5) For purposes of this section, the definition of the term “unborn quick child” shall be determined in accordance with
the definition of viable fetus as set forth in s. 782.071.

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For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of Altamonte
Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora, Ocoee, Orlando,
Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well as Lake County,
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