Homicide Charges

Homicide is one of the most serious charges a person can face under Florida law. It involves the unlawful or legally justified taking of a human life and carries some of the harshest penalties in the criminal justice system — including mandatory life imprisonment or even the death penalty in certain cases.

As an experienced criminal defense lawyer handling murder charges, Monica Ishak understand the gravity of these accusations and provide aggressive, strategic, and compassionate defense for clients facing homicide-related charges in both state and federal court.

What Is Homicide Under Florida Law?

Under Florida Statutes § 782.02–782.36, homicide is defined as the killing of one human being by another, whether intentional, accidental, or through negligence. Florida law divides homicide into several categories, including:

Justifiable Homicide: When a person lawfully kills in self-defense or in defense of others while preventing a forcible felony, such as robbery or aggravated assault.

Excusable Homicide: When a killing occurs by accident and misfortune under certain circumstances, such as during lawful acts or sudden provocation, without unlawful intent.

Criminal Homicide: An unlawful killing, divided into degrees based on intent, circumstances, and aggravating factors.

Types of Criminal Homicide in Florida

Under Florida law, criminal homicide is categorized into several degrees based on the intent, circumstances, and manner in which the death occurred.

First-degree murder, as defined under Florida Statutes § 782.04, includes both premeditated and felony murder. Premeditated murder refers to the intentional and planned killing of another person. Felony murder, on the other hand, occurs when a death takes place during the commission of certain serious felonies such as robbery, sexual battery, burglary, or kidnapping. A conviction for first-degree murder carries the most severe penalties, including life imprisonment without the possibility of parole or the death penalty.

Second-degree murder, governed by Florida Statutes § 782.04(2), involves an unlawful killing committed with a depraved mind but without premeditation. This offense reflects extreme recklessness or indifference to human life and is punishable by up to life in prison.

Manslaughter, as outlined in Florida Statutes § 782.07, is divided into voluntary and involuntary forms. Voluntary manslaughter occurs when a person kills another in the heat of passion or in response to sufficient provocation. In contrast, involuntary manslaughter results from reckless or negligent actions that cause death, without any intent to kill. The penalty for manslaughter is up to 15 years in prison, but if a firearm is used during the offense, the sentence can be enhanced to up to life imprisonment.

Vehicular homicide, defined under Florida Statutes § 782.071, involves causing the death of another person through the reckless operation of a motor vehicle. Depending on the facts of the case, vehicular homicide is punishable by up to 15 years in prison or more in aggravated circumstances, such as fleeing the scene.

Defenses to Homicide Charges in Florida

Homicide cases are complex, and the stakes are life-altering. At The Ishak Law Firm, we meticulously analyze every element of the prosecution’s case to identify weaknesses and build a strong defense.

Several legal defenses may be available to individuals charged with homicide in Florida, depending on the circumstances and evidence presented.

One of the most frequently asserted defenses is justifiable use of force, also known as self-defense or defense of others. This defense applies when a person uses reasonable or deadly force to prevent imminent death, serious bodily harm, or the commission of a forcible felony. Florida’s Stand Your Ground law often supports this defense, as it removes the duty to retreat when the individual is lawfully present and facing a serious threat.

Another recognized defense is excusable homicide, which refers to deaths that occur accidentally or during lawful activities, without criminal intent, recklessness, or negligence. If the incident meets the legal criteria for being purely accidental, the defendant may not be held criminally liable.

In some cases, the defense may argue lack of intent or that the death was the result of an accident. This is applicable when there is no evidence showing that the defendant acted intentionally or with a reckless disregard for human life.

Insufficient evidence is also a common and critical defense strategy. This approach involves challenging the reliability and sufficiency of the prosecution’s evidence, including physical items, forensic analyses, digital data, and eyewitness testimony, all of which must meet strict evidentiary standards.

At The Ishak Law Firm, P.A., we may also pursue forensic and expert challenges, disputing the validity or interpretation of scientific evidence such as DNA analysis, ballistic tests, autopsy results, or determinations of the cause and manner of death. These challenges can expose weaknesses in the State’s case and raise reasonable doubt.

Finally, an alibi defense may be presented when the defendant can demonstrate that they were in another location at the time the crime occurred, supported by witness testimony, surveillance footage, or electronic data. If successful, this defense can conclusively refute the prosecution’s claim that the defendant committed the offense.

How The Ishak Law Firm Builds a Homicide Defense

Attorney Monica Ishak and her dedicated defense team leave no stone unturned when defending clients facing homicide charges. Their comprehensive approach begins with independent investigations, where the team collaborates with experienced private investigators to uncover crucial facts, identify and interview witnesses, and obtain key pieces of evidence that may not have been initially disclosed by the State.

The firm also conducts forensic expert consultations, partnering with highly respected specialists in fields such as DNA analysis, toxicology, ballistics, digital forensics, and pathology. These experts are essential in challenging the prosecution’s scientific claims and offering alternative interpretations that support the defense.

A significant part of the defense strategy includes reviewing digital and electronic evidence. This involves a thorough analysis of phone records, surveillance footage, social media interactions, and other digital communications to identify exculpatory evidence or timelines that contradict the State’s narrative.

The credibility of witnesses is another focal point of the defense. Through detailed witness credibility assessments and cross-examinations, the team examines inconsistencies in testimony, possible biases, and motivations that may undermine the reliability of eyewitness accounts—a pivotal component in many homicide cases.

In appropriate circumstances, the firm engages in plea negotiations and explores alternative sentencing options, advocating for reduced charges such as manslaughter or probation-eligible resolutions to help clients avoid the harshest penalties.

Finally, when applicable, the team files Stand Your Ground immunity motions, seeking pretrial dismissal of charges when the evidence supports that the client acted in lawful self-defense. If successful, these motions can result in complete immunity from criminal prosecution, sparing the client from the burden of a full trial.

Penalties for Homicide in Florida

The penalties for criminal homicide depend on the degree of the charge and whether certain sentencing enhancements apply:

Florida’s 10-20-Life firearm enhancement law applies if a firearm is used in the commission of a homicide, potentially adding mandatory minimum sentences.

Why Immediate Legal Representation Matters

Time is critical in homicide cases, and early legal intervention can make a significant difference in the outcome. Acting quickly allows the defense to preserve crucial evidence, prevent clients from making damaging statements to law enforcement, and secure expert analysis before the State’s case is fully developed. It also provides the opportunity to initiate independent investigations and build a strategic defense well before formal charges are filed or a case proceeds to trial.

At The Ishak Law Firm, we provide unwavering support, immediate action, and clear, honest guidance through every stage of the legal process — from investigation, arrest, and bond hearings to trial and possible post-conviction appeals.

Contact a West Palm Beach Homicide Defense Attorney Today

If you or a loved one is under investigation or has been charged with homicide in South Florida, don’t delay. The consequences are too serious to face alone.

Attorney Monica Ishak, licensed in both state and federal courts, delivers confident, thorough, and compassionate legal defense for those accused of the most serious crimes. We are ready to listen to your side, explain your options, and begin fighting for your freedom and your future.

Start building your defense today. Call The Ishak Law Firm for a confidential, no-obligation consultation.