Homicide Defense in St. Petersburg

First Degree Murder

First degree murder in Florida is defined as 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; or (2) when committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any of the following offenses:

• Trafficking offense prohibited by Fla. Stat. § 782.04;
• Arson;
• Sexual Battery;
• Robbery;
• Burglary;
• Kidnapping;
• Escape;
• Aggravated child abuse
• Aggravated abuse of an elderly person or disabled adult;
• Aircraft piracy;
• Unlawful throwing, placing, or discharging of a destructive device or bomb;
• Carjacking;
• Home invasion robbery;
• Aggravated Stalking;
• Murder of another human being;
• Resisting an officer with violence to his or her person;
• Aggravated Fleeing or eluding with serious bodily injury or death;
• Felony that is an act of terrorism or is in furtherance of an act of terrorism;

or (3) which resulted from the unlawful distribution of any substance controlled under 893.03(1), cocaine as described in 893.03(2)(a)4., opium or any synthetic or natural salt, compound, derivative, or preparation of opium, or methadone 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.

First degree murder is one of the most serious charges you can possibly face. Call our St. Petersburg criminal defense attorney immediately for the tough, experienced defense you need at (888) 258-8049.

Second Degree Murder

Second degree murder is the unlawful killing of a human being, when perpetrated by an act imminently dangerous to another and evidencing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual. Second degree murder is a first degree felony, punishable by life.

When a human being is killed during the perpetration of, or during the attempt to perpetrate any:

• Trafficking offense prohibited by Fla. Stat. § 782.04;
• Arson;
• Sexual Battery;
• Robbery;
• Burglary;
• Kidnapping;
• Escape;
• Aggravated child abuse
• Aggravated abuse of an elderly person or disabled adult;
• Aircraft piracy;
• Unlawful throwing, placing, or discharging of a destructive device or bomb;
• Carjacking;
• Home invasion robbery;
• Aggravated Stalking;
• Murder of another human being;
• Resisting an officer with violence to his or her person;
• Aggravated Fleeing or eluding with serious bodily injury or death;
• Felony that is an act of terrorism or is in furtherance of an act of terrorism;

by a person other than the person engaged in the perpetration of or in the attempt to perpetrate such felony, the person commits murder in the second degree.

Third Degree Murder

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:

• Trafficking offense prohibited by Fla. Stat. § 782.04;
• Arson;
• Sexual Battery;
• Robbery;
• Burglary;
• Kidnapping;
• Escape;
• Aggravated child abuse
• Aggravated abuse of an elderly person or disabled adult;
• Aircraft piracy;
• Unlawful throwing, placing, or discharging of a destructive device or bomb;
• Unlawful distribution of any substance under 893.03(1), cocaine, as described in 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;
• Carjacking;
• Home invasion robbery;
• Aggravated Stalking;
• Murder of another human being;
• Resisting an officer with violence to his or her person;
• Aggravated Fleeing or eluding with serious bodily injury or death;
• Felony that is an act of terrorism or is in furtherance of an act of terrorism

is murder in the third degree and constitutes murder in the second degree. Second degree murder is punishable by up to fifteen years in state prison.

Manslaughter

The killing of another human being by an act, procurement, or culpable negligence, without lawful justification, and in cases where such killing is not excusable homicide or murder, is manslaughter. In Florida, manslaughter is a felony of the second degree, punishable by up to fifteen years in state prison.

A person who causes the death of an elderly person or disabled adult by culpable negligence under Fla. Stat. § 825.102(3) (neglect of an elderly person) commits aggravated manslaughter of an elderly person or disabled adult, a felony of the first degree. A first degree felony is punishable by up to thirty years in prison.

A person who causes the death of any person under the age of 18 by culpable negligence under Fla. Stat. § 827.03(2)(b) (child neglect) commits aggravated manslaughter of a child, a felony of the first degree. A first degree felony is, under most circumstances, punishable by up to thirty years in prison.

A person who causes the death, through culpable negligence, of an officer, a firefighter, an emergency medical technician, or paramedic while the officer, firefighter, emergency medical technician or paramedic is performing duties that are in the course of his or her employment, commits aggravated manslaughter of an officer, firefighter, emergency medical technician, or paramedic, a first degree felony.

Attorney Donald J. Kilfin prosecuted and tried a number of homicide cases while employed as an assistant state attorney, including First degree murder, Second Degree Murder, and Manslaughter. He has also represented clients, as a Tampa Bay area criminal defense attorney in both First and Second degree murder cases.

If you have been arrested or charged with murder or manslaughter, contact our offices today for an immediate consultation. Jail consultations are always available in St. Petersburg and throughout the Tampa Bay area.