Homicides

If you or someone you know has been arrested for murder, manslaughter, or any homicide offense, don’t take a chance of not having a homicide lawyer on your side! You should immediately seek the help of a knowledgeable Fort Lauderdale murder and homicide attorney who can represent your best interests. Contact the Law Office Of Matthew Glassman PA to speak with an experienced murder and homicide attorney today.

Murder and Felony Murder – Fla. Stat. 782.04(1)(a)

1. The unlawful killing of a human being:
   1. When perpetrated from a premeditated design to effect the death of the person killed or any human being;
   2. When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any:
      1. Trafficking offense prohibited by s. 893.135(1),
      2. Arson,
      3. Sexual battery,
      4. Robbery,
      5. Burglary,
      6. Kidnapping,
      7. Escape,
      8. Aggravated child abuse,
      9. Aggravated abuse of an elderly person or disabled adult,
      10. Aircraft piracy,
      11. Unlawful throwing, placing, or discharging of a destructive device or bomb,
      12. Carjacking,
      13. Home-invasion robbery,
      14. Aggravated stalking,
      15. Murder of another human being,
      16. Resisting an officer with violence to his or her person,
      17. Aggravated fleeing or eluding with serious bodily injury or death,
      18. A felony that is an act of terrorism or is in furtherance of an act of terrorism, including a felony under s. 775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35, or
      19. Human trafficking; or
2. Which resulted from the unlawful distribution by a person 18 years of age or older of any of the following substances, or mixture containing any of the following substances, when such substance or mixture is proven to be the proximate cause of the death of the user:
   1. A substance controlled under s. 893.03(1);
   2. Cocaine, as described in s. 893.03(2)(a)4.;
   3. Opium or any synthetic or natural salt, compound, derivative, or preparation of opium;
   4. Methadone;
   5. Alfentanil, as described in s. 893.03(2)(b)1.;
   6. Carfentanil, as described in s. 893.03(2)(b)6.;
   7. Fentanyl, as described in s. 893.03(2)(b)9.;
   8. Sufentanil, as described in s. 893.03(2)(b)30.; or
   9. A controlled substance analog, as described in s. 893.0356, of any substance specified in sub-subparagraphs a.-h.
   10. is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082.
3. The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
4. When a human being is killed during the perpetration of, or during the attempt to perpetrate, any:
   1. Trafficking offense prohibited by s. 893.135(1),
   2. Arson,
   3. Sexual battery,
   4. Robbery,
   5. Burglary,
   6. Kidnapping,
   7. Escape,
   8. Aggravated child abuse,
   9. Aggravated abuse of an elderly person or disabled adult,
   10. Aircraft piracy,
   11. Unlawful throwing, placing, or discharging of a destructive device or bomb,
   12. Carjacking,
   13. Home-invasion robbery,
   14. Aggravated stalking,
   15. Murder of another human being,
   16. Aggravated fleeing or eluding with serious bodily injury or death,
   17. Resisting an officer with violence to his or her person, or
   18. A felony that is an act of terrorism or is in furtherance of an act of terrorism, including a felony under s. 775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35,
   19. by a person other than the person engaged in the perpetration of or in the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony commits murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
5. The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than any:
   1. Trafficking offense prohibited by s. 893.135(1),
   2. Arson,
   3. Sexual battery,
   4. Robbery,
   5. Burglary,
   6. Kidnapping,
   7. Escape,
   8. Aggravated child abuse,
   9. Aggravated abuse of an elderly person or disabled adult,
   10. Aircraft piracy,
   11. Unlawful throwing, placing, or discharging of a destructive device or bomb,
   12. Unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user,
   13. Carjacking,
   14. Home-invasion robbery,
   15. Aggravated stalking,
   16. Murder of another human being,
   17. Aggravated fleeing or eluding with serious bodily injury or death,
   18. Resisting an officer with violence to his or her person, or
   19. Felony that is an act of terrorism or is in furtherance of an act of terrorism, including a felony under s. 775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35,

is murder in the third degree and constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Manslaughter & Aggravated Manslaughter – Fla. Stat. 782.07

1. The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter
2. A person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102(3) commits aggravated manslaughter of an elderly person or disabled adult, a felony of the first degree
3. A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(2)(b) commits aggravated manslaughter of a child, a felony of the first degree
4. A person who causes the death, through culpable negligence, of an officer as defined in s. 943.10(14), a firefighter as defined in s. 112.191, an emergency medical technician as defined in s. 401.23, or a paramedic as defined in s. 401.23, while the officer, firefighter, emergency medical technician, or paramedic is performing duties that are within the course of his or her employment, commits aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Driving Under the Influence Manslaughter – Fla. Stat. 316.193(3)(a)(b)(c)(3)

1. A person is guilty of the offense of driving under the influence if the person is driving or in actual physical control of a vehicle within this state and:
   1. The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
   2. The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
   3. The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
2. Who, by reason of such operation, causes or contributes to causing:
3. The death of any human being commits DUI manslaughter, and commits:
   1. A felony of the second degree
   2. A felony of the first degree if:
      1. At the time of the accident, the person knew, or should have known, that the accident occurred; and
      2. The person failed to give information and render aid as required by s. 316.062.

Boating Under the Influence Manslaughter – Fla. Stat. 327.35(3)(a)(b)(c)(3)

1. A person is guilty of the offense of boating under the influence if the person is operating a vessel within this state and:
   1. The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
   2. The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
   3. The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
2. Who, by reason of such operation, causes or contributes to causing:
3. The death of any human being commits BUI manslaughter, and commits:
   1. A felony of the second degree
   2. A felony of the first degree if:
      1. At the time of the accident, the person knew, or should have known, that the accident occurred; and
      2. The person failed to give information and render aid as required by s. 327.30.

Vehicular or Vessel Homicide – Fla. Stat. 782.071, 782.072

“Vessel homicide” or “vehicular homicide” is the killing of a human being by the operation of a vessel or vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.