Fort Myers Homicide Defense Attorneys
Homicide cases in Fort Myers can be overwhelming for individuals facing a charge and families of the victim. If you are involved in this, you might be looking for clear answers. At Patrick McLain Law, our lawyers are ready to be your legal guides on this matter. They have a combined 20 years of experience handling criminal defense cases. Our team’s approach includes reviewing situations with compassion and representing clients in court with dedication.
Understanding Homicide Charges Under Florida Law
Homicide serves as a blanket term for specific offenses that involve a victim’s death:
- First-degree murder: Planned or premeditated killings or deaths that occurred during robbery, arson and kidnapping are punishable by death or life in prison.
- Second-degree murder: Deaths that occurred with no regard for human life are punishable by up to life in prison.
- Manslaughter: Deaths that occurred due to an intentional act or culpable negligence are punishable by 15 years in prison. The prison sentence increases to 30 years when the victim is a child, elderly, person with disability or emergency worker.
- DUI manslaughter: Deaths that occurred due to a driver’s impairment are punishable by 15 years in prison with a mandatory minimum of four years, but penalties increase to 30 years if the driver fails to render aid or has prior qualifying convictions.
Learning the differences between these charges helps in setting expectations for trial outcomes as a grieving family member. If you are facing a homicide charge, knowing these charges gives you an idea of what the prosecution must prove beyond a reasonable doubt.
What Is Florida’s Stand Your Ground Law?
Florida law allows defendants to use the stand-your-ground defense, provided that they meet the specific rules. This can only apply if you have no duty to retreat from the scene, meaning you have the right to be in the location. Moreover, your action should be based on a reasonable belief that using force is necessary to stop death, serious injury or a violent crime. Should the courts find that you acted in self-defense, you receive immunity from criminal charges and civil liabilities.
However, the stand-your-ground defense has limits. You cannot use this if you triggered a fight, committed a crime and no immediate danger or severe harm was present during the incident.
What To Do Immediately If You Are Under Investigation For Homicide
Your actions during an investigation for homicide can impact the outcome of your case. Consider taking these steps to exercise your rights and protection:
- Invoke your right of silence and refrain from answering police questions or making statements.
- Do not approve voluntary searches without a warrant or your attorney present.
- Keep matters private and avoid discussing the case on social media or with your loved ones.
- Preserve relevant evidence, but don’t destroy potential proof.
Consulting our criminal defense attorneys can help you understand the full context of your homicide case in Fort Myers. They will also explain your potential penalties and options you can take to prevent a wrongful conviction or life-altering prison sentence.
Seek Answers From An Experienced Trial Lawyer For Homicide Defense In Fort Myers
Homicide charges require legal precision. Our team can address your concerns and answer your question thoroughly. Schedule a free consultation by calling 239-737-3735 or emailing us.