A homicide charge is the most serious charge in our system. When someone is charged with homicide, understanding the possible defenses is instrumental to their case. Everyone charged with homicide has a right to present a defense.
There are several established legal theories that may apply depending on the facts.
Speak to a Criminal Defense Lawyer If You’re Charged with Homicide
When you hire a criminal defense lawyer, they can review your case and determine a defense to make everything more favorable. Having legal help is imperative if you’re charged with a crime. A lawyer has the skills to make a difference between a harsh punishment and a more positive outcome.
Common Defenses in Homicide Cases
Self-Defense
Self-defense is a common defense used in homicide cases. It is used to show a defendant acted to protect themselves from death or great bodily harm. Therefore, self-defense requires showing the defendant believed they were in imminent danger. For example, if someone breaks into your home at night with a weapon and you respond with deadly force, that would be self-defense.
The court looks to see if a reasonable person would have felt the same danger in the same situation. So, the force used must match the threat – using deadly force against someone who just pushed you wouldn’t be self-defense.
Defense of Others
When someone acts to protect another person from death or great bodily harm, they may claim the defense of others. For example, if someone sees an armed person attacking a stranger and intervenes, and the attacker dies in the struggle, a defense of others may apply.
The defender must show that they reasonably believed the third party was in imminent danger. This defense often comes up in cases involving the protection of family members, especially children.
Accident or Misfortune
Sometimes, deaths happen without criminal intent. An accident defense is sometimes possible despite the tragic outcome. As a result, no crime occurred. For example, if a hunter shoots another hunter after reasonably believing they were shooting at a deer, that would be an accidental death.
The defense must show the defendant was acting legally and responsibly when the accident happened. It might include showing they followed safety protocols and had no reason to believe their actions would cause death.
Insanity Defense
The insanity defense defines a mental illness that prevented the defendant from knowing what they were doing or knowing right from wrong. It requires an extensive psychological evaluation and expert testimony.
For example, someone with severe schizophrenia who commits homicide during a psychotic episode may genuinely believe they are fighting off demons rather than a person. Courts look at the defendant’s mental state at the time of the offense and their ability to understand what they were doing.
Diminished Capacity
Unlike insanity, diminished capacity shows that a defendant’s mental state prevented them from forming specific intent for first-degree murder. It might apply in cases involving a head injury, severe emotional trauma, or specific mental conditions.
For example, someone with documented brain damage affecting impulse control and decision-making abilities might use this defense to argue they did not have premeditated intent. It often results in a conviction for a lesser charge rather than an acquittal.
Alibi
An alibi defense is used to prove a defendant was somewhere else when the crime occurred. A lawyer might present credit card receipts showing purchases in another city, work time cards, surveillance footage, or credible witness testimony.
For example, if a murder occurs in New York at 10 PM but the defendant can show they were giving a presentation in Chicago at that time, that’s a strong alibi. Documents and witness corroboration strengthen alibi claims.
Mistaken Identity
This defense challenges the prosecution’s identification of the defendant as the perpetrator of the homicide. An eyewitness testimony, despite its frequent use, is often unreliable. Many factors affect witness accuracy: stress, lighting conditions, cross-racial identification, and the passage of time.
DNA evidence, surveillance footage, and other forensic evidence might support a mistaken identity. This defense often arises when the actual perpetrator looks like the defendant.
Heat of Passion
This defense admits to the killing but argues it happened in the heat of passion. A classic example is finding a spouse in bed with someone else and responding with immediate violence. The defense must show that provocation would cause a person, in some instances, to lose control and have no time to “cool off.” This defense usually reduces murder to manslaughter rather than an acquittal.
Intoxication
Voluntary intoxication rarely provides a complete defense, but it might reduce the degree of the charge by showing that the defendant couldn’t form specific intent. Involuntary intoxication, such as unknowingly consuming a drugged food or drink, might be a complete defense.
The defense must show the defendant didn’t know they were intoxicated and couldn’t understand what they were doing. It might apply if someone’s drink was spiked with drugs that caused violent, paranoid reactions.
Constitutional Violations
This defense is about police misconduct or rights violations during the investigation and arrest. Examples are searches without warrants, failure to give Miranda warnings, or coercing confessions. If the police obtain evidence illegally, the courts exclude it from trial.
This defense requires a thorough review of police procedures and documentation of constitutional breaches.
How a Criminal Defense Attorney Can Help Your Case
A criminal defense attorney helps in homicide cases in several ways. They start by evaluating cases and reviewing evidence: police reports, witness statements, forensic analysis, and medical exams. They look for inconsistencies, constitutional violations, and potential defenses.
Defense lawyers also do independent investigations. They interview witnesses the police might have missed, consult with experts, and gather more evidence. They might hire forensic specialists to reexamine evidence or crime scene reconstruction experts to challenge the prosecution’s theory.
They then develop a legal strategy based on their findings. They determine which defenses apply, file motions to suppress evidence, and plan their trial strategy. They also handle plea negotiations when necessary and ensure their clients know their options.
Why Hire a Professional Lawyer
Professional representation offers benefits beyond legal experience. A defense lawyer knows the local courts and has relationships with prosecutors that can affect plea negotiations. They know who to call and how to present evidence to juries.
A criminal defense lawyer also offers an objective view of the legal case. While defendants often feel emotional about their situation, an attorney can look at the case logically and identify strengths and weaknesses. This objectivity helps in making decisions about pleas and strategizing a viable defense.
A defense attorney will also protect a defendant’s rights throughout the legal process. They ensure proper procedures are followed during questioning, challenge improper evidence, and maintain attorney-client privilege. They advocate for their clients during bail hearings and, if necessary, trial and sentencing. Homicide cases are complicated and detailed and require careful consideration and planning.
Call a Criminal Defense Lawyer That Handles Homicide Cases Now
If you’re charged with homicide, it’s important to speak to a criminal defense lawyer who handles homicide cases in Florida. Ensure you have the legal support you need to overcome a difficult time. A lawyer can make things more positive and help achieve better results in your case. Talk to a criminal defense lawyer now.