Homicide is a statutory term that involves criminal charges relating to the attempt or act of taking another's life. Homicide crimes are charged as either manslaughter, murder, or capital murder criminal offenses. BLANCO LAW CENTER, PA., defends those accused of homicide crimes, with the exception of capital murder charges, which may include the death penalty if convicted. Listed below are the types of homicide crimes BLANCO LAW CENTER, PA., provides professional criminal defense services for:
Manslaughter Crime Charges
Manslaughter charges, unlike murder charges, do not require that the accused intended to take the life of another. The basis of a manslaughter charge is that culpable negligence or actions of the accused lead to or directly resulted in the death of another. In other words, if it were not for the actions, negligence, or interference of the accused, the deceased victim would not have lost his or her life. That is what the prosecution will attempt to prove for a conviction in a manslaughter case. Your manslaughter defense attorney must provide proof of innocence, establish that reasonable doubt exists, and in some cases, present a viable alternative theory of the alleged crime or cause of death.
Manslaughter: According to the current Florida Manslaughter Statutes, Manslaughter is the killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification (acceptable justification outlined in chapter 776) and in cases in which such killing shall not be excusable homicide or murder; felony of the second degree, punishable by up to a term of imprisonment not exceeding 15 years.
Vehicular Manslaughter: is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another. Vehicular Homicide may be charged as either a Second Degree Felony or First Degree Felony depending on the specific circumstances of the case and the evidence against the accused.
Aggravated Manslaughter of an Elderly Person or Disabled Adult: A person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102(3); a felony of the first degree, punishable by up to life imprisonment.
Aggravated Manslaughter of a Child: A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(3); a felony of the first degree, punishable by up to life imprisonment.
Aggravated Manslaughter of an Officer, Firefighter, Emergency Medical Technician, or Paramedic: A person who causes the death, through culpable negligence, of an officer as defined in s. 943.10, a firefighter as defined in s. 112.191, an emergency medical technician as defined in s. 401.23, or a paramedic as defined in s. 401.23, while the officer, firefighter, emergency medical technician, or paramedic is performing duties that are within the course of his or her employment; a felony of the first degree, punishable by up to life imprisonment.
Murder Crime Charges
Murder is the unlawful taking of another's life when perpetrated from a premeditated design to effect the death of the person killed or any human being. The predominant aspects of murder are intent, motive, and/or premeditation. Because of these aspects of the crime, the burden of proof for the prosecution in a murder case is higher than that of a manslaughter case. Your murder defense attorney must provide proof of innocence, establish that reasonable doubt exists, and in some cases, present a viable alternative theory of the alleged crime or cause of death.
Murder in the Second Degree: 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; felony of the second degree and constitutes a felony of the first degree, punishable by up to life imprisonment. There are other forms of murder in the second degree that specifies specific types of murder in the second degree.
Murder in the Third Degree: 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 crimes specified under Florida Statute 782.04 4 a-l; is murder in the third degree and constitutes a felony of the second degree; punishable by up to a term of imprisonment not exceeding 15 years.
Attempted Murder: Attempted murder charges is exactly what it sounds like. However there may be a grey area as to if the actions of the accused justifies an attempted murder charge. Attempted murder may be charged as either a first degree felony or second degree felony. The Unlike other murder charges, the "intent or premeditation" to take the life of another may be more difficult to prove beyond a reasonable doubt. This may be the difference in being charged or convicted of "attempted murder" and lets say "armed robbery, or "aggravated battery" for example.
If you or a loved one is facing attempted murder charges, or any other homicide crime that does not include the death penalty, it is imperative that you are made fully aware of your legal rights, options, and potential defense strategies.