Homicide/Murder

In Florida, homicide is the overarching legal term for one person killing another, which can be lawful (justifiable or excusable) or unlawful. Murder refers to a specific type of unlawful homicide committed with intent or during the commission of another serious crime. 

Types of Homicide and Murder in Florida

Florida law classifies unlawful homicides based on factors like intent and circumstances: 

• First-Degree Murder: A capital felony involving premeditated killing or a death during a dangerous felony.

• Second-Degree Murder: A first-degree felony for killing without premeditation, involving an act dangerous to others showing a "depraved mind regardless of human life".

• Third-Degree Murder: A second-degree felony when an unintentional death occurs during a non-violent felony not listed under first-degree murder.

• Manslaughter: An unlawful killing without justification or premeditation, caused by act, procurement, or culpable negligence. It is a second-degree felony, with voluntary (heat of passion) and involuntary (reckless/negligent) forms.

• Aggravated Manslaughter: A first-degree felony if the victim is a child under 18, elderly, disabled, or a first responder. 

Penalties

Penalties vary by the degree of the crime: 

• First-Degree Murder: Can result in life imprisonment without parole or the death penalty.

• Second-Degree Murder: Punishable by up to life in prison and a $10,000 fine.

• Third-Degree Murder: Carries penalties of up to 15 years in prison and a $10,000 fine.

• Manslaughter: Simple manslaughter is punishable by up to 15 years in prison and a $10,000 fine, while aggravated manslaughter can lead to up to 30 years.