Fort Myers Homicide Defense Lawyer

Homicide Defense Attorney in Fort Myers, FL

A homicide charge is one of the most serious criminal cases that you can face. You need to get a dedicated Fort Myers homicide defense lawyer immediately to review options, such as building a trial defense or negotiating a plea deal. These charges can change your entire future, and you need exceptional legal representation.

Fort Myers Homicide Defense Attorney at Atlas Defense Law

At Atlas Defense Law, we are leaders in criminal defense. We understand how terrifying and nauseating it can feel to be accused of murder or manslaughter. Our firm provides compassionate support during this time while also ensuring a fierce and aggressive criminal defense.

We have nearly two decades of legal experience, including more than 50 trials and numerous successful acquittals. We have a record of success in and out of the courtroom, including in the Sixth District Courts. When you need strategic counsel, reach out to our team, and seasoned trial attorney Benjamin Abdulnour will personally respond to your call. Our firm fights for optimal outcomes in serious homicide cases.

Homicide Offenses in Fort Myers

Homicide refers to any killing of another person and includes several different levels of offenses. Not all homicides are murders. The offenses of criminal homicide in Florida include:

• Murder in the first degree. This includes unlawful killing of someone that is premeditated, or the unlawful killing of someone during the commission of a felony, the offender is engaged in, like kidnapping, burglary, child abuse, or stalking. It can also be charged when someone over the age of 18 distributes specific controlled substances, and those substances lead to someone’s death. First-degree murder is a capital felony.
• Murder in the second degree. This is the offense of unlawfully killing a person, without premeditation, but by committing an imminently dangerous act. Second-degree murder also includes when someone is killed during the commission of, or attempt to commit, certain crimes by someone other than the person engaged in the offense. Second-degree murder is a first-degree felony.
• Murder in the third degree. This is the offense of someone being killed unlawfully during the commission of certain crimes, whether the offender is engaged in the crime, or when the offense is committed without a design to cause death. It also includes the offense of distributing fentanyl and other specific substances by those under the age of 18 when those substances cause someone’s death. It is a second-degree felony.
• This is the offense of unlawfully killing someone without intent, premeditation, and without occurring during another offense. It can be charged as a result of an action or the offender’s negligence. It can be charged as a first or second-degree felony.
• Vehicular homicide. This is the offense of killing a human being or unborn child through injury to the mother through reckless operation of a motor vehicle, which is likely to cause death or great harm. It is a second-degree felony, which becomes a first-degree felony if the offender leaves the scene of the crime.
• Vessel homicide. This offense is the same as vehicular homicide but committed with a vessel other than a motor vehicle, such as a watercraft, aircraft, or something else. It can also be charged as a second or first-degree felony.
• Assisting in self-murder. If a person purposefully assists someone else in committing suicide, that person is guilty of manslaughter. This offense is charged as a second-degree felony.
• Killing an unborn child by injury to the mother. These offenses are charged as the degree of murder that they would be charged as if they were committed against the mother. It can be charged as murder or manslaughter, and can be a capital, first, or second degree felony.

There were 28 murder offenses in Lee County in 2021, and 32 in 2020. There was also one manslaughter offense in 2020. This manslaughter offense and 21 of the murder offenses involved a firearm. Five of the offenses in 2020 were between spouses.

FAQs

Q: What Are the Different Types of Homicide Charges Under Florida Law?

A: Under Florida law, types of homicide charges include murder, manslaughter, vehicular homicide, vessel homicide, assisting self-murder of another, and killing an unborn child by injury to the mother. Murder charges can be first, second, or third degree.

Premeditation and intent are some of the primary factors in determining how a homicide is charged under state law, as well as how the death occurred, such as whether it happened during the commission of another felony.

Q: What Defenses Can Be Used in a Homicide Case in Fort Myers?

A: There are many defenses that could be used in a homicide case in Fort Myers. Some defenses may claim that you were not the person who committed the offense, such as mistaken identity and alibi defenses.

Other defenses offer reasons for the death, such as self-defense or defense of others. Defenses can try to minimize the severity of the crime, such as arguing that there was no premeditation. Physical evidence and eyewitness testimony can be used to build these defenses.

Q: How Does Intent Impact the Severity of a Homicide Charge?

A: Intent greatly impacts the severity of a homicide charge, as intent leads to first- or second-degree murder charges. If there is no intent to kill the person, it may be charged as murder or manslaughter, depending on the circumstances. These offenses have less-severe penalties compared to murder offenses, as first-degree murder could result in life in prison, while third-degree murder could lead to up to 15 years in prison.

Q: What Should Someone Do Immediately After Being Accused of Homicide in Florida?

A: Immediately after being accused of homicide in Florida, it’s essential to contact and hire a homicide defense lawyer. You need to work with a defense attorney with experience in homicide cases and who can defend you in a trial. A defense attorney can gather evidence for your defense and investigate the case against you. They listen to your side of the story and determine the right defense based on this information. Legal representation is essential to securing an ideal outcome.

Managing Homicide Defense Cases in Fort Myers

It is essential to act quickly if you are being investigated or have been charged with a homicide offense. Contact Atlas Defense Law today and see how we can support you.