Murder Charges in Florida

Understanding Murder vs. Homicide

Murder is legally defined as the unlawful killing of another person with intent – this intent or “malice aforethought” is what distinguishes murder from other forms of homicide.  Homicide is a broader term that simply means one person killing another, and it encompasses murder as well as lesser offenses like manslaughter. In Florida, all unlawful homicides are serious, but a charge of murder indicates prosecutors believe there was intent to kill or extreme recklessness, elevating the offense to the highest level. Florida law, which applies statewide including Broward, Miami-Dade, and Palm Beach counties, classifies murder into different degrees depending on factors like premeditation and the circumstances of the killing.

Degrees of Murder in Florida

Florida Statutes classify murder in three degrees with varying definitions and penalties:

• First-Degree Murder: The most serious murder charge is murder in the first degree. This includes premeditated killings (planned, intentional homicides) as well as certain felony murder scenarios. Felony murder means a death occurring during the commission of particular serious felonies – for example, killings committed in the course of a robbery, burglary, sexual battery, kidnapping, drug trafficking, or other dangerous felony are charged as first-degree murder. Florida law even treats a death caused by the unlawful distribution of specific controlled substances (such as selling someone drugs like cocaine or fentanyl that result in a fatal overdose) as first-degree murder. Florida law even treats a death caused by the unlawful distribution of specific controlled substances (such as selling someone drugs like cocaine or fentanyl that result in a fatal overdose) as first-degree murder. First-degree murder is a capital felony, which under Florida law is punishable by death or life imprisonment without parole. Important: If prosecutors intend to seek the death penalty in a first-degree murder case, they must formally notify the defense, and the sentencing phase will follow Florida’s strict procedures for capital cases (Notably, in 2023 Florida made it much easier for courts to impose a death sentence – now only 8 out of 12 jurors are needed to recommend the death penalty, whereas unanimous jury agreement was required before).
• Second-Degree Murder: This charge applies to killings that are not premeditated but result from an act that is imminently dangerous to others and demonstrates a depraved mind (an utter disregard for human life). In simpler terms, an unplanned murder with reckless indifference to human life can be prosecuted as second-degree murder. Second-degree murder also covers certain accomplice liability scenarios – for instance, if someone is killed during the commission of a serious felony by a person other than the felon, the perpetrator of the underlying felony can be charged with murder in the second degree. Second-degree murder is classified as a first-degree felony in Florida. Unlike a capital felony, it does not carry the death penalty, but it is punishable by life in prison (or a term of years up to life). In practice, a conviction for second-degree murder often results in a very lengthy sentence, up to life.
• Third-Degree Murder: This is the lowest degree of murder, applying to an unintentional killing during the commission of a non-violent or non-enumerated felony, and constitutes a felony in the second degree. In other words, if someone dies as a result of a felony offense that is not among those listed for first-degree felony murder, and the death was not intended, the charge may be third-degree murder. Florida defines third-degree murder as an unlawful killing without any intent to kill during the course of a felony that is not otherwise covered under the first or second-degree murder provisions. Third-degree murder is a second-degree felony, punishable by up to 15 years in prison. While very serious, it carries significantly less punishment than first or second-degree murder. Often, what differentiates third-degree murder from manslaughter or other homicide charges is the involvement in another felony at the time of the death. (By contrast, manslaughter – a separate offense – involves unlawfully killing someone without premeditation or intent, such as in the heat of passion or through culpable negligence. Manslaughter generally carries a lesser penalty than murder, and Florida law treats it under a different statute.

Felony Murder: It is worth emphasizing Florida’s felony murder rule, which spans the degrees above. If a death occurs during certain dangerous felonies, the defendant can face murder charges even if the killing was unintentional or committed by an accomplice. For example, if two people commit a robbery and one of them shoots someone, the other can also be charged with murder under this rule. Florida law enumerates which felonies trigger first-degree felony murder (armed robbery, burglary, sexual assault, drug trafficking, etc.) and treats others as third-degree murder. The felony murder rule often surprises people with its severity – you do not have to be the one who pulled the trigger to be held liable for murder if you participated in the underlying felony.

Penalties for a Murder Conviction in Florida

A murder charge in Florida exposes the accused to some of the harshest penalties in American law. Below is a summary of potential penalties by degree of murder

• First-Degree Murder: As a capital felony, first-degree murder is punishable by life imprisonment without parole or the death penalty in Florida. If the State seeks death, a separate sentencing hearing is conducted where the jury considers aggravating and mitigating factors. Florida law now allows a death sentence if at least 8 jurors (out of 12) vote for it, making Florida an outlier with one of the lowest jury thresholds for capital punishment in the nation. If the death penalty is not pursued or not imposed, a conviction for first-degree murder mandates life in prison with no possibility of parole. In sum, a person found guilty of first-degree murder will either face execution or spend the rest of their life behind bars.
• Second-Degree Murder: This is a first-degree felony typically punishable by up to life in prison. Florida’s sentencing guidelines for second-degree murder often call for very lengthy terms. In many cases, a second-degree murder conviction effectively results in a decades-long sentence that can approach life imprisonment, especially if firearm enhancements apply. For instance, using a firearm to commit murder can trigger Florida’s 10-20-Life law, imposing mandatory minimum terms (often 25 years to life). While second-degree murder is technically not considered a capital offense, the stakes remain extraordinarily high – any sentence can be life-altering, and judges have discretion (and in some scenarios, the obligation) to impose a life term.
• Third-Degree Murder: As a second-degree felony, third-degree murder carries a maximum penalty of 15 years in state prison. In some cases, sentencing guidelines or plea bargains may lead to less than the maximum, especially if the defendant has minimal prior record and the circumstances were not egregious. However, if a third-degree murder involves a firearm or other aggravating circumstances, prosecutors may push for a harsh sentence near the upper end of the range (manslaughter involving the use of a firearm may, for example, result in an enhanced penalty of up to 30 years in prison). It’s also common that a third-degree murder charge might be the result of a plea bargain down from a higher charge, reflecting a lesser degree of culpability.

Additional Consequences: Beyond prison time, a murder conviction in Florida carries lifelong consequences. There is the stigma of a homicide conviction, loss of civil rights (such as voting and gun ownership), and the virtual certainty of spending years if not life in custody. Prosecutors here in South Florida and throughout the State are typically aggressive in murder cases and will use every legal tool to secure maximum penalties. This makes it all the more critical to mount a strong defense early.

Defenses to Murder Charges: Self-Defense and Other Strategies

Facing a murder charge does not mean conviction is inevitable. There are powerful defenses that a skilled attorney can assert, depending on the facts. The most notable in Florida is the Self-Defense / Stand Your Ground law, but other possible defenses can also be pivotal:

• Justifiable Homicide – Self-Defense: Florida recognizes that a killing may be lawful if done in legitimate self-defense or defense of others. If you reasonably believed you or someone else faced imminent death or great bodily harm, you are entitled to use force, even deadly force, to protect yourself or others. Florida’s self-defense statutes (Chapter 776) explicitly state that a person who justifiably uses deadly force is immune from criminal prosecution. This is commonly known as the Stand Your Ground law. Unlike some other states, Florida does not require you to retreat before using force if you are in a place you have a right to be. In fact, after Florida’s Stand Your Ground law was enacted, defendants gained the right to a pretrial immunity hearing. At this hearing, the defense can argue that the homicide was justified self-defense. If the judge finds the State’s evidence does not indicate a lack of lawful self-defense, the court can grant immunity and dismiss the murder charge outright, sparing the defendant from trial. 
• Stand Your Ground – Procedural Advantages: Florida strengthened its Stand Your Ground law in 2017. Now, when a defendant raises a prima facie claim of self-defense under Stand Your Ground, the burden of proof shifts to the prosecution. The State must prove by clear and convincing evidence that the defendant’s use of force was not justified, in order to overcome the immunity. This is a substantial legal advantage for the defense. Practically speaking, if our legal team can present a credible self-defense claim – simply by making the argument in a motion with reference of witness testimony, evidence of the victim’s aggression, etc. – the law forces prosecutors to disprove self-defense at the pretrial stage. Failing that, the case must be dismissed under the Stand Your Ground statutes. We are experts in Florida’s Stand Your Ground law, having utilized it successfully in court. For example, in a recent Broward County case our firm handled, a woman charged with second-degree murder was granted immunity and the case was dismissed after we showed she acted in self-defense. The judge ruled that the self-defense claim could not be overcome by clear and convincing evidence by the prosecution. The State Attorney’s office appealed the dismissal, but the decision was upheld on appeal – affirming that our client was immune from prosecution under Stand Your Ground. This outcome ended a seven-year legal ordeal for our client and exemplifies how a vigorous defense and deep knowledge of self-defense law can literally be life-saving.
• Defense of Others or Property: Similar principles in Florida law justify the use of force to defend others (if you reasonably believe they are in danger of being killed or seriously harmed) or to prevent a forcible felony such as a home invasion. These defenses operate under the same umbrella as Stand Your Ground. For instance, a parent who uses deadly force to stop an attacker threatening their child may invoke justifiable homicide. Florida even has provisions for defense of habitation (the “Castle Doctrine”), presuming you are justified in using defensive force against an intruder in your home. Each situation is fact-specific, but a successful claim of defense of others or property can also lead to dismissal or acquittal.
• Excusable Homicide / Accident: Florida law (Fla. Stat. 782.03) provides that some killings, though tragic, are deemed “excusable” and not criminal – for example, a death that occurs by accident and misfortune during a lawful act done with usual caution, or in the heat of passion upon sudden provocation, or from sudden combat without a dangerous weapon and not done in a cruel or unusual manner. These scenarios are narrow, but if applicable, they can negate criminal intent. An experienced attorney will explore whether the death was truly accidental or occurred under circumstances that meet the excusable homicide criteria.
• Mistaken Identity / Alibi: In some murder cases, the strongest defense is that the defendant didn’t do it at all. Murder investigations can be complex, and unfortunately, mistaken identifications or flawed evidence can lead to the wrong person being charged. We thoroughly investigate the case – reviewing surveillance videos, forensic evidence, DNA, witness statements, etc. – to uncover any reasonable doubt about the identity of the perpetrator. Presenting an alibi (evidence the defendant was elsewhere when the crime occurred) or undermining the credibility of the State’s witnesses can lead to acquittal if the prosecution cannot prove beyond a reasonable doubt that the defendant was the one responsible.
• Lack of Intent / Lesser Charges: Because first and second-degree murder require a certain level of intent or depravity, another defense angle is forcing the prosecution to prove intent. Sometimes evidence might only support a lesser offense like manslaughter (for instance, if a killing was unintentional or resulted from provocation). Through skilled cross-examination and use of expert witnesses, we may be able to convince a jury that the elements of premeditation or depraved mind are not met. This strategy can result in a conviction for a lesser offense or even a not guilty verdict if the jury has reasonable doubt on the murder charge. While this doesn’t excuse the homicide, it can dramatically reduce the potential sentence (since manslaughter, for example, carries a lower penalty than murder) – and is sometimes the “best of the bad options”.
• Insanity or Mental Health Defense: In rare cases, the defendant’s mental state might be such that they lacked the ability to distinguish right from wrong at the time of the killing, meeting the legal criteria for insanity. Florida uses the M’Naghten rule for the insanity defense. Successfully asserting insanity in a murder case is difficult and requires clear evidence from forensic psychologists or psychiatrists that the defendant had a severe mental disease or defect. An insanity defense, if proven, can lead to a verdict of not guilty by reason of insanity – though the defendant would likely be involuntarily committed to a secure treatment facility. This is a highly specialized defense, and typically a last resort that is rarely applicable under most circumstances, but our legal team is well-versed in all possible defenses and will pursue it if the facts justify doing so.

Each murder case is unique, and the viable defenses will depend on the specific facts and evidence. A seasoned defense attorney will examine every angle – was there justification for the use of force? Is the evidence reliable? Are there Constitutional violations (e.g. illegal search or coerced confession)? We leave no stone unturned because when a client’s life and liberty are at stake, mounting an aggressive, comprehensive defense is imperative.

The Importance of an Experienced Murder Defense Attorney

Murder cases are literally life-and-death matters. In South Florida (Broward County, Miami-Dade, Palm Beach) prosecutors have extensive resources and experience, and they will pursue a murder charge relentlessly. To counter this, you need a defense attorney with the skill, experience, and tenacity to match the State’s efforts. At Kenneth Padowitz, P.A., our team has a proven track record in high-stakes criminal defense. Lead attorney Ken Padowitz is a former homicide prosecutor-turned-defense lawyer with over 350 jury trials under his belt – including 35+ first-degree murder trials as prosecutor. This depth of trial experience is priceless. It means we are battle-tested in front of juries and know how to undermine the prosecution’s case, challenge forensic evidence, cross-examine eyewitnesses, and craft powerful arguments to secure not-guilty verdicts.

Our firm prides itself on providing aggressive representation for those accused of murder, whether in State or Federal court. High-profile and complex cases do not intimidate us – in fact, we excel in them. We have handled cases involving Stand Your Ground hearings, multi-defendant conspiracy allegations, and even cold-case murders with DNA evidence. In addition to our trial prowess, we also have significant appellate experience. This means if a legal error occurred in the proceedings or new evidence comes to light, we are fully prepared to continue the fight in the appellate courts.

Choosing the right attorney can be the single most important decision you make when facing a murder charge. Our team understands the high stakes and the stress you and your family are under. We approach every case with the utmost professionalism, confidentiality, and dedication. From day one, we start building a strong defense – investigating facts, preserving evidence, and formulating a legal strategy tailored to your case. We also leverage top experts (in fields like forensic science, psychology, ballistics, and pathology) whenever necessary to challenge the prosecution’s narrative. Our goal in every murder case is simple: to secure the best possible outcome for our client, whether that be a dismissal, an acquittal at trial, or a reduced charge.

Trial, Negotiation, and Beyond

While we are first and foremost trial lawyers ready to fight for a Not Guilty verdict, we also know that some cases may be resolved through strategic negotiation. Our reputation for going to trial and winning gives us leverage in plea negotiations when that is in the client’s interest. Prosecutors know that we won’t hesitate to take a case before a jury. This credibility often leads to more favorable offers – for instance, a possibility to plead to a lesser offense like manslaughter instead of facing a first-degree murder trial. We carefully advise our clients on the risks and benefits of any plea deal versus trial, ensuring the client makes an informed decision at every step (our client is the boss – we don’t pressure to take a plea or go to trial – we get the best options for our clients and offer our input/advice, but ultimately, it is the client’s decision).

If a case does proceed to trial in Fort Lauderdale or anywhere in South Florida, you can trust that we will prepare meticulously and defend you forcefully. Each trial involves selecting a fair jury, delivering compelling opening statements, cross-examining the State’s witnesses to expose inconsistencies or doubts, and presenting a convincing defense – whether that includes expert testimony, character witnesses, or your own testimony if appropriate. Our experience translates into calm, strategic decision-making in court and the ability to connect with jurors. We strive to humanize our clients and present their side of the story, countering the often one-sided narrative the prosecution will put forward.

In the event of an unfavorable outcome, our representation does not necessarily end at the trial verdict. Because we also handle criminal appeals, we can seamlessly continue the fight if there are grounds to do so. Appellate advocacy in murder cases or other violent offense can involve complex legal arguments to higher courts (for example, arguing that a judge made an error in allowing certain evidence, or that there was juror misconduct, etc.). Our familiarity with appellate procedure and success in Florida’s and other appellate courts is a valuable asset for clients who want to explore every avenue of defense

Contact Us for a Free Consultation

If you or a loved one is facing a murder charge in Broward County or anywhere in Florida, time is of the essence. Early intervention by a knowledgeable criminal defense attorney can dramatically improve the outlook of a case. We invite you to reach out immediately to discuss your situation. Kenneth Padowitz, P.A. offers a free initial consultation – in person or by phone – to evaluate your case and inform you of your options. This consultation is confidential and comes with no obligation.

With offices in Fort Lauderdale (Broward County), our firm is centrally positioned to handle murder cases throughout South Florida. We have practiced extensively in the courthouses of Broward, Miami-Dade, and Palm Beach, and are well-versed in the tendencies/strategies/perspectives of local prosecutors and judges. However, our experience and reach are not limited to these counties – we are frequently sought out to take on cases across the State of Florida, and in Federal criminal courts throughout the United States, providing the same level of tenacious representation wherever we are needed. Every jurisdiction has its nuances, but Florida’s core homicide laws apply equally, and we make sure to stay on top of any local rules or procedures that could impact our clients’ cases. Our defense approach is client-centered and tailored to the individual. We understand that being accused of murder is terrifying and can feel overwhelming. That’s why we make it a point to keep our clients informed and involved. We will explain the legal process, from arrest and first appearance (where bond may be addressed) through formal arraignment, pretrial motions (such as a motion to suppress, or a motion to dismiss under Stand Your Ground, if applicable), possible plea negotiations, and trial. We also handle ancillary matters like media attention – high-profile murder cases often attract news, and we know how to strategically manage communications to protect our client’s rights and reputation. We utilize the media only when it is beneficial for our client’s particular situations .

When you hire Kenneth Padowitz, P.A., you are not just getting a lawyer to stand next to you in court; you are getting a dedicated legal team committed to fighting for you at every step. Our intentionally small firm structure means your case will get the personal attention it deserves. We limit the number of cases we take so that we can devote maximum time and resources to each client. When your freedom and life are at stake, entrust your case to a criminal defense law firm with a proven record in murder defense. We stand ready to fight for you.