Homicide Charges in Miami Florida | Criminal Attorey Albert Quirantes
Miami Crimianl Attorney Albert M. Quirantes

© 2018 Albert Quirantes. The name of this law firm is: "Albert Quirantes, Esq., Criminal DUI & Ticket Lawyers", a subsidiary of The Ticket Lawyers, P.A., a criminal defense law firm and formerly known as Ticket Law Center. It's the main office is located at 1815 N.W. 7th Street, Miami, Florida 33125. Albert M. Quirantes has been licensed to practice law in Florida since May 13, 1988. We publish the information on this website to help inform you, but nothing on this website or its links is to be considered legal advice and we do not have an attorney-client relationship until you retain us as your attorneys.

 

Confidential or time-sensitive information should not be sent through this website or through email. The transmission of information to us via this website or email does not create an attorney-client relationship until a legal fee is paid and the firm agrees to take your case in writing. You should not take any legal actions based on the information found on this website and the law firms are not liable for your use or interpretation of information contained in this website and expressly disclaim all liability for actions you take or do not take based on information from this website or any of its links.

 

This disclaimer governs your use of this website and you accept this disclaimer in full by using it. If you disagree with any part of this disclaimer, please do not use our websites. We may modify these terms at any time and you are asked to check periodically for changes. By using this site, you agree to accept any changes to these terms whether or not you have taken the time to review them.

 

Privacy Policy: We do not provide your private information to anyone. That includes parents, family members or friends. This refers to your email address or any contact information or information about your legal matter or questions. It's no one's business but yours unless you authorize its release.

1815 NW 7th Street,

Miami, Florida 33125-3503
1-800-333-LEGAL (5342)

Dade: 305-644-1800
Fax: 305-644-1999

amq@CriminalDefendant.com

  • Twitter Social Icon
  • Facebook Social Icon
  • LinkedIn Social Icon
  • Google+ Social Icon
  • YouTube Social  Icon
  • AvvoIcon
  • InstagramIcon
Miami DUI Lawyer | Attorney Albert M. Quirantes
Miami DUI Defense Lawyer | Attorney Albert M. Quirantes
Miami FACDL Lawyer | Attorney Albert M. Quirantes
Miami Trial Lawyer | Attorney Albert M. Quirantes

ARRESTED? INVESTIGATED?   ARRESTADO? INVESTIGADO?

Homicide

People often get confused about the difference between the terms: ‘murder’ and ‘homicide.’ Homicide is the act of killing another person, but it is not necessarily a crime. In many cases, someone who has killed someone else in Florida will be arrested, but not always. It depends on the circumstances of the homicide.

 

There are three main categories of crimes that are considered homicides: murder, manslaughter and vehicular homicide. There are also homicides that are classified as ‘excusable’ ‘justifiable’ or carried out in ‘self-defense’. These last categories of homicide are not criminal offenses, but it may take an experienced and determined Miami criminal defense attorney to ensure that someone who has been accused of criminal homicide is finally dismissed by a court because the non-criminal nature of the homicide has been recognized.

Murder

 

The basic difference between murder and manslaughter is that murder involves the deliberate killing of another person. It is killing ‘with malice.’ The actual offense depends on the particular circumstances involved in the murder. The most serious is a felony murder in the first degree. This is when someone has planned to kill someone, i.e. the killing is premeditated. If the killing was not planned but occurred during the course of committing another crime, e.g. robbery, then the offense may be considered either a felony in the second or third degree.

 

Manslaughter

 

Manslaughter involves the killing of someone without any intent to do so. Though it is unintentional, it still occurs as a result of negligence. The degree of negligence involved determines the severity of the manslaughter charge. For example, reckless behavior that ends in the death of someone else may be considered a felony in the second degree, but negligent acts that lead to the death of elderly, disabled and young people or people with particular jobs, like police officers or firemen may have committed felonies in the first degree.

 

Vehicular homicide

 

This is the killing of someone by the act of reckless or negligent driving. Depending on the circumstances it may be considered a felony in the first or second degree.

 

Anyone convicted of murder or manslaughter faces long periods in jail, possibly a life sentence, or even the death sentence. There may be very significant fines levied as well.

 

Defenses against a charge of criminal homicide

 

If the killing happened as a result of an unintentional error, or mistake, and no negligence was involved, then this may be considered ‘excusable’ homicide. A killing that has taken place in self-defense or to resist being killed may be considered as ‘justifiable’ homicide.

 

Florida’s ‘Stand Your Ground’ legislation currently allows for the justifiable use of deadly force outside of the home or vehicle if there is evidence that you need to do so to prevent being attacked.

 

As can be seen, homicide offenses are taken very seriously in Florida. Few offenses are more serious.  Don’t risk losing your liberty, job and future. If arrested for this or any other serious offense in Florida you can contact Albert Quirantes at 305-644-1800 today!

Call Us Now!

305-644-1800