If you are facing homicide or murder charges in Panama City, Florida, it is crucial to have an experienced and skilled criminal defense attorney on your side. At The Sombathy Law Firm, our criminal defense team, led by Board Certified Criminal Trial Law attorney Bob Sombathy, has the skills and resources to provide you with the aggressive defense you need and deserve.
Understanding Homicide Charges in Florida
Florida divides homicide cases into several categories based on the circumstances and severity of the crime. They include:
First-Degree Murder – Florida Statute 782.04(1)(a)
The most severe charge involves premeditated killings or murders committed during certain felonies like arson, sexual battery, or kidnapping.
First-degree murder is a capital felony punishable by either:
- The death penalty, or
- Life imprisonment without parole
For juvenile offenders, the minimum sentence is 40 years in prison.
Second-Degree Murder – Florida Statute 782.04(2)
Killings committed with a “depraved mind” but without premeditation or deaths caused while acting as an accomplice for certain felonies.
Second-degree murder is a first-degree felony punishable by:
- Up to life in prison
- The minimum sentence is 16¾ years in prison absent downward departure
If the defendant used a firearm, there is a mandatory minimum sentence of 25 years under the 10-20-Life law.
Third-Degree Murder – Florida Statute 782.04(4)
Unintentional deaths that occur while committing or attempting a non-violent felony crime.
Third-degree murder is a second-degree felony punishable by:
- Up to 15 years in prison
- Up to 15 years of probation
- Up to a $10,000 fine
The minimum sentence is 10⅓ years in prison absent downward departure.
Manslaughter – Florida Statute 782.07
A lesser charge that does not involve premeditation or a “depraved mind,” including voluntary (heat of passion) and involuntary (negligent or reckless actions) manslaughter.
Manslaughter is a second-degree felony punishable by:
- Up to 15 years in prison
- Up to 15 years of probation
- Up to a $10,000 fine
The minimum sentence is 9¼ years in prison absent downward departure.
Aggravated manslaughter charges apply when the victim is a child, elderly/disabled person, or on-duty first responder, and the defendant’s culpable negligence causes their death.
The aggravating factors elevate the offense from a second-degree to a first-degree felony, punishable by up to 30 years in prison and a $10,000 fine.
Defenses to Homicide Charges
Depending on the circumstances of your case, there could be several possible defenses against homicide charges in Florida, including:
Excusable Homicide
Homicide may be considered excusable and lawful under the following circumstances:
- The act was committed by accident while doing a lawful act with ordinary caution and without unlawful intent
- The act occurred accidentally in the heat of passion and upon sudden provocation
- The act resulted from an accident during sudden combat, without using a dangerous weapon in a cruel manner
Justifiable Homicide
Killing another person is justifiable homicide if done while resisting an attempt to kill you or committing a felony against you. This falls under Florida’s “Stand Your Ground” law, which states a person has no duty to retreat and may use deadly force if the individual reasonably believes it will prevent imminent death or great bodily harm.
Self-Defense
Also known as the justified use of deadly force, self-defense can be used as a defense to murder charges if the defendant reasonably believes deadly force will prevent imminent death or great bodily harm to themselves or others.
Insanity
The insanity defense may apply if the defendant had a mental infirmity, disease, or defect that caused them to not know what they were doing, not understand the consequences, or not know that their actions were wrong. The burden is on the defendant to prove insanity by clear and convincing evidence.
Mistaken Identity
If the police wrongly arrested the defendant due to mistaken identity and evidence shows someone else was the perpetrator, this can be proof or at least reasonable doubt to defend against the charges.
Lack of Evidence
If there is insufficient evidence for the prosecution to prove the defendant committed homicide beyond a reasonable doubt, the charges may not stand. The defense can challenge weaknesses in the evidence to create reasonable doubt.
Violation of Constitutional Rights
If the police violate the defendant’s constitutional rights, like an illegal search and seizure or failure to provide Miranda warnings, an attorney can suppress critical evidence and weaken the prosecution’s case. The best defense will depend on the specific facts of the case.
Homicide charges are very serious, so anyone accused of these crimes should hire an experienced Panama City criminal defense attorney who can evaluate the evidence and determine the most effective strategy, whether that’s seeking dismissal of the charges, an acquittal at trial, or a reduction in charges through a plea bargain.
Contact The Sombathy Law Firm Today
When you or a loved one is facing the terrifying prospect of homicide or murder charges, you need a legal team that not only understands the gravity of your situation but also has the experience and skill to fight for your freedom and future.
At The Sombathy Law Firm, we have built our practice on extensive trial experience. Our lead attorney, Bob Sombathy, has served as lead counsel in over 150 felony jury trials, including more than 30 homicide cases. This experience lets us approach your case with the knowledge and strategy necessary to build a strong defense.
We understand that when your life and liberty are on the line, you need a Panama City homicide lawyer who will stand up for you and fight every step of the way. That’s what you’ll find at The Sombathy Law Firm. Our team is ready to listen to your story and discuss how we can defend you. Call us or contact us online for a confidential case evaluation.
