Lakeland Homicide Criminal Defense Attorney
Lakeland Homicide Criminal Defense Lawyer, RICARDO ALVAREZ provides professional Homicide Crime Defense and other Criminal Defense Attorney legal Services in Lakeland, Winter Haven, Bartow, Polk County, Highlands County, Hardee County, Hillsborough County, Osceola County, Orange County, and the Central Florida Area.
Call 863.709.0808 about your Homicide Criminal Defense legal needs in Lakeland Polk County, and Central Florida.
A homicide is generally considered to have occurred when the untimely death of an individual is the direct result of the actions of another. There are two types of Homicide:
- Murder: generally involves cases where their is evidence where intent and/or premeditation to end another persons life exists, and/or premeditation, and in some cases, violence or other serious actions that directly contributed to the death.
- Manslaughter: generally involves the untimely death of a victim that resulted due to the recklessness, carelessness, or negligence of another. A motive may or may not be necessary to charge the accused.
In the State of Florida, Homicide Crimes include:
- First Degree Felony Murder: May be charged when premeditation may be established as an element of the act of murder, or if a murder results while the accused was in the act of committing specific other felony crimes (regardless if the murder was intended or not).
- Second Degree Felony Murder: May be charged when the evidence suggests that the accused performed actions that were inherently dangerous to others without regard for the lives of others (this is known as Murder with a Depraved Mind); or if the accused is an accomplice of another who kills another person while in the commission of specific other felony crimes.
- Third Degree Felony Murder: May be charged if the accused unintentionally kills another person while in the act of committing (or attempting to commit) a non-violent felony crime.
- Voluntary Felony Manslaughter: The intentional killing of another human being, when the defendant had no prior intent to kill (no-premeditation).
- Involuntary Felony Manslaughter: The unintentional killing of a human being as a result of the reckless, carelessness, or negligence of the accused.
- Vehicular Felony Manslaughter: A death that is unintentional and is the result of reckless driving, such as DUI, erratic lanes changes, aggressive driving, or street racing.
In order for the prosecution to obtain a conviction for a homicide the prosecution must prove beyond a reasonable doubt that:
Murder Burden of Proof:
- intent, premeditation, and in some cases motive to commit the act of murder is proven;
- the actions of the accused were of such a violent nature that warrants a murder conviction;
- the accused did in-fact commit the felony murder crime for which her or she is being tried for according to the evidence presented during the trial;
- and/or, the evidence presented in the states case against the accused must show that no other viable alternative theory of the murder presented by the defense creates reasonable doubt in the mind of any juror as to the guilt of the accused.
Manslaughter Burden of Proof:
- the actions of the accused were of such a nature that warrants a manslaughter conviction. (this essentially means that even if the death of another was accidental, the actions of the accused directly caused or lead to the untimely death of another);
- the accused did in-fact commit the felony manslaughter crime for which he or she is being tried for according to the evidence presented during the trial;
- and/or, the evidence presented in the states case against the accused must show that no other viable alternative theory of the manslaughter presented by the defense creates reasonable doubt in the mind of any juror as to the guilt of the accused.
If a dismissal of your homicide charge is not possible, we will ensure you are fully aware of your legal options going forward such negotiating for a plea deal, or in the case of a trial ensure you are fully aware of every aspect regarding defense strategies that may best serve in the defense of the homicide charges against you.
If you have been charged with a homicide crime, you need an attorney on your side who is knowledgeable of the law, experienced at trial, and able to negotiate for you from a position of strength. Call our law office 24 hours a day, 7 days a week at 863.709.0808, or by using our online case evaluation form.
We stand ready to aggressively represent you, and answer all of your questions. An aggressive defense of your case in the early stages could lead to the charges against you being dismissed or reduced.
HOMICIDE CRIMINAL DEFENSE ATTORNEY SERVING LAKELAND, WINTER HAVEN, BARTOW, POLK COUNTY, AND CENTRAL FLORIDA
Contact Ricardo Alvarez today at 863.709.0808
RICARDO ALVAREZ, P.A.
Attorney, Ricardo Alvarez - Lakeland, FL Lawyer | 863.709.0808