The circumstances surrounding the case are used to assign one of the degrees of murder in Florida. Similarly, the possible sentence that one might face upon conviction is determined by the specific criteria of the type of homicide charge they are found guilty of. First-degree murder is the most serious, and it carries the highest possible sentence of the death penalty.
Statistically, if a seasoned defense team takes up the case, most murder charges will not result in a conviction of the highest offense. Depending on the specifics of what took place during the incident, they can explore many possible lines of defense.
If you are facing murder charges, you should first discuss the case with a trustworthy Miami homicide lawyer.
Developing a Defense
Putting up a solid defense strategy for a murder case can be tricky. It involves the attorney filing a “Demand for Discovery,” which grants them access to the evidence held by the prosecution — think fingerprints, videos, witness statements, arrest records, exculpatory evidence, etc. Once you have access to the evidence, developing the most effective strategy for your criminal defense is easier.
Some of the most commonly used defenses include:
- Self-defense: You had to defend yourself against an assault that threatened your own life.
- Defense of others: You had to defend the other person(s) because they were in imminent danger.
- Suppression of Evidence: Requesting the court to disregard illegally or improperly obtained evidence. For any evidence to be admissible and usable in a Florida court, the appropriate processes for legal searches and seizures need to be followed.
- Insufficient evidence: A successful conviction should not be possible if the evidence presented to the jury raises questions or uncertainty about the case.
- An alibi: There is evidence that you were present in a different place when the crime was allegedly committed.
- Mistaken Identity: President evidence or attacking the evidence of the government to create a general question of reasonable doubt as to the identity of the perpetrator.
- Excusable homicide and justifiable homicide: In Florida, you can mount a Stand Your Ground defense which allows the judge to throw out a murder charge before it ever gets to the jury.
Murder convictions can mean life behind bars or even a death sentence. These are life-altering consequences — if not life-threatening ones — particularly if you are innocent of any wrongdoing. Therefore, you must choose a law firm in Miami that will challenge every element of your murder charge until proven otherwise.
