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Violent Crimes
In Florida, violent criminals - cases with firearms, cases of assault and assault, kidnapping, and homicide are the most serious and perhaps the most penalized. In many of these cases, it is possible to be sentenced to long sentences in prison, life imprisonment, or the death penalty.
Remember, our focus has always been on these types of cases. In other words, our specialty is in cases where our clients have had a lot to lose and where a successful defense involves hours of preparation, thorough investigation, and years of experience.
Consider the following crimes and their defenses;
First Degree Murder (or "First Degree Murder")
First degree murder is a "Capital" offense and only has two possible sentences: life imprisonment or death. Under Florida law, § 782.04 (1) (a), the crime of first degree murder is committed when a person commits a premeditated murder - that is, a previously planned and coldly calculated murder.
The classic example is poisoning, since it requires some planning and premeditation on the part of the poisoner: perhaps the wife who gives arsenic to the husband for breakfast in order to cause death and thus be able to collect a policy of insurance from lifetime.
In Florida, there is also the "Felony Murder," which is committed when a person kills someone during the commission of a felony classified as "serious" by Florida law. For example, if someone dies during a bank robbery, the "Felony Murder" rule is applied to the accused. Although they went to steal and were not intended to kill anyone, the existence of fraud is considered a necessary requirement for the punishment of murder (or wrongful killing) and, therefore, is sanctioned as responsible for murder or wrongful killing ("First Degree Murder”) who commits a homicide during the commission of a felony.
The "Felony Murder" doctrine has the clear purpose of deterring those who are involved in the commission of serious crimes from causing the negligent or accidental death of others. We have employed the following defenses successfully in First Degree Murder cases:
Excusable Homicide
The homicide can be “excused” and determined to have been accidental, if one of the following factors exists:
1. When the homicide is committed by accident and misfortune in the course of performing a certain lawful act, by lawful means, with care and without any illegal purpose,
2. When death occurs by accident and misfortune in the heat of passion, and is the result of sufficient provocation,
3. When the murder is committed by accident and misfortune as a result of sudden combat - if a dangerous weapon is not used and death is not done in a cruel or unusual way.
“Stand Your Ground”
When a person protects himself from some kind of attack, he is said to practice a form of self-defense. In Florida, the legislature has granted the absolute right of self-defense - even in firearms crimes. The "Stand Your Ground" law; Florida allows a person to resort to lethal force if he reasonably understands that it is necessary to do so to avoid death or serious physical harm.
First passed in 2005, Florida's controversial self-defense law has been criticized for fueling a mentality of firing first, and for giving homicides the possibility of evading justice. The law eliminated a citizen's duty to withdraw before using lethal force when faced with an apparent threat. And, something even more problematic for the prosecution, the law made it easier for the judges - even before arriving before a jury - to dismiss criminal charges if they decided that someone had acted in self-defense.
“10-20-Life” - Crimes with Firearms
The 10-20-Life law (Florida law code, § 775.087) is a mandatory minimum sentence law in Florida. The law mainly focuses on the use of a firearm during the commission of a violent crime. For example,
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If the defendant removes, or points a firearm during the commission of a crime specified by law, the judge (or the judge) has to sanction him to 10 years in prison;
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If the defendant fires a firearm, the judge (or the judge) has to sanction him to 20 years in prison;
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If the defendant shoots someone and causes an injury or kills him, the judge (or the judge) has to impose a mandatory minimum sentence of 25 years - life imprisonment, or life in prison.
We have employed the following defenses successfully in cases of the use of firearms during the commission of a violent crime:
Minimum Mandatory Judgment Exemption
In Florida, only the prosecutor has the discretion to grant a waiver of a mandatory minimum sentence. For example, in cases where the defendant has never been arrested, or if the alleged victim was the aggressor, it is possible to submit a proposal to mitigate the sentence.
“Stand Your Ground”
When a person protects himself from some kind of attack, he is said to practice a form of self-defense. In Florida, the legislature has granted the absolute right of self-defense - even in firearms crimes.
Florida's "Stand Your Ground" law allows a person to resort to lethal force if he reasonably understands that it is necessary to do so to avoid death or serious physical harm.
First approved in 2005, Florida's controversial self-defense law has been criticized for fueling a mentality of firing first, and for giving homicides the possibility of evading justice. The law eliminated a citizen's duty to withdraw before using lethal force to face an apparent threat.
And, something even more problematic for the prosecution, the law made it easier for the judges - even before arriving before a jury - to dismiss criminal charges if they decided that someone had acted in self-defense.