Statewide Murder and Homicide Defense

Being charged with murder or homicide in Florida is one of the most serious situations a person could face in the criminal justice system. A conviction could have life-altering consequences, including a lengthy prison term and, in some cases, the death penalty. If you have been accused of homicide, it is essential to seek immediate assistance from a skilled homicide attorney in Orlando, Florida.

What Are Florida’s Murder and Homicide Classifications?

A homicide is the unlawful killing of one person by another. The act of murder includes specific intent to take another human being’s life. State law on homicide and murder is primarily found in Chapter 782 of the Florida Statutes. The following homicide and murder offenses are covered in the statute:

  • First-degree murder: This crime includes premeditated killing and felony murder (homicide committed during the commission of a felony). A conviction could mean life imprisonment without parole or the death penalty.
  • Second-degree murder: This charge applies to murder committed with a “depraved mind,” showing disregard for human life but without premeditation. Penalties for second-degree murder include substantial prison terms, up to life in some cases.
  • Third-degree murder: A person may be charged with third-degree murder for an unintentional killing that occurs during the commission or attempted commission of a non-violent felony. It does not require premeditation or a depraved mind.
  • Manslaughter: This crime is defined as homicide committed without intent to kill. Manslaughter may be classified as voluntary or involuntary, with varying penalties, depending on the circumstances.
  • Vehicular homicide: A charge of vehicular homicide may apply when death occurs as a result of reckless driving. Although this crime does not include intent to kill, it still carries potential prison time and fines.
  • Justifiable homicide: A homicide may be deemed justifiable if it is committed in self-defense or defense of others or under circumstances in which the person reasonably believes it is necessary to prevent imminent harm or death.
  • Excusable homicide: This applies to deaths that result from accidents that occur during lawful acts with the usual caution and without unlawful intent. If successfully argued, it can lead to dismissal of the case.

What Are the Legal Defenses in Charges of Murder or Homicide?

The following are possible defenses against murder or homicide charges:

Self-Defense or Defense of Others

Under Florida law, the use of force is justifiable when a person reasonably believes it is necessary to protect self or others from imminent harm. If the defense can show that you acted in self-defense or defense of others, it could result in dismissal or reduced charges.

Lack of Intent

Intent is a crucial element in many homicide charges, particularly first- and second-degree murder. The charge may be reduced or dismissed if the evidence does not support intent on the part of the defendant to cause death or great bodily harm.

Mistaken Identity or False Accusations

Individuals may be wrongfully accused due to mistaken identity or malicious intent. A rigorous investigation can uncover alibis, mistaken identities, and misidentifications to challenge the prosecution’s case.

Procedural and Constitutional Violations

Evidence obtained illegally or violating a defendant’s constitutional rights may be excluded from the case. When the defense uncovers illegal searches or coercive interrogations, it can significantly weaken the prosecution’s case or lead to the dismissal of charges.

Insanity or Mental Incapacity

A severe mental illness or incapacity that prevented the defendant from understanding the nature of his or her actions at the time a crime was committed allows for an insanity defense.

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Why Choose Us?

Our criminal defense team includes an attorney board-certified in criminal trial law—a rarely earned certification in the state. We bring over three decades of experience and a national reputation in murder cases. Contact O’Mara Law Group in Orlando if you are facing murder or homicide charges in Florida.

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The Mark O’Mara Law Firm was a wonderful place and outstanding. Mark was very helpful and always made time for me, answering all my questions. But my hero was Susan Staggs, who prepared all of my paperwork. She is a real magician who takes it seriously.

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Mark O'Mara and his office provided excellent service, demonstrating professionalism and personal attention to all my details of my cases. He is one of the best in his field as a criminal and family attorney. He is honest, direct, and he always does his best for his client.

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I can't thank Mr. Thompson and his team enough for their outstanding support. From the very first meeting, Sarah was incredibly knowledgeable and attentive. They handled every aspect of my case with such professionalism and care. This legal team truly changed my life.

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Knowing Mark O’Mara as an attorney who has represented me for the past 23 years and has also been a friend… I can say that Mark is not only dedicated to fighting your cause, but his team shares that same dedication. When you call his office the girls at the front desk always strive to assist you. As for the rest of his team they are committed to winning the best...

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Mr O’Mara and the entire staff were nothing short of amazing. Mr. O’Mara knew exactly what we needed to do and has even offered additional advice for any future risks. This was all new for me and they walked me through everything step by step and were very patient and most of all responsive and caring. THANK YOU!!!

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I cannot express the gratitude I have for Mark O’Mara, Susan and their firm. I had a very difficult custody situation and they guided me towards the best decisions and fought for me. I highly recommend O’Mara Law Group. They are top notch!!!!

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Such a Professional and Personable Firm.

Such a professional and personable firm. Everyone treated me with respect throughout my entire process. I absolutely dread ever needing the services of an attorney again but I would certainly go straight back to Mark. Susan was awesome and she totally got me from day one. I can’t begin to say how helpful that was for me. Thank you to the entire team!!

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By far, the best person, if you ever need an attorney and someone who will always be there for you. I am truly proud to have Mark as my attorney, advisor and friend. Thanks Mark and Alyssa. Michael Hoffman, Attorney at Law and C.P.A.

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Mr. O’Mara and his entire staff especially Alyssa were absolutely impressive with everything. Very efficient and punctual and the overall understanding of every little detail was way beyond expectations. Honestly this law group has made a major difference in my life and helped me through many obstacles associated with owning multiple businesses and continue to do so in...

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When I went in for my consultation with Mark and Caitlin, I was in a state of total devastation. They lifted the burden and took away the stress of my situation by making me feel completely taken care of. They were ready to fight the fight I didn’t have the emotional strength to do so on my own. I have and will continue to recommend their law group to anyone needing le...

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Mark has represented me and I hate to say 2 family members of mine, all 3 times mark has delivered success. He has to be the best lawyer I have ever dealt with, he is caring of the situation and of your fears in facing legal matters , he made us feel comfortable , safe and protected. Surprisingly he never made me feel down on myself for stupid things I created that lead to h...

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