When facing homicide charges in Miami, having a seasoned criminal defense attorney can be the difference between winning and losing your case. At Stroleny Law, we aggressively defend clients charged with serious violent crimes, including homicide.
Homicide is the act of killing another person. All murders are homicides, but not all homicides are murders. Some homicides are unintentional and instead due to reckless or careless conduct, and other homicides can be legally justified if the fatal conduct is done in self-defense or in line with Stand Your Ground laws. Murder, on the other hand, is the unlawful and intentional killing of another person.
Any type of homicide charge is a highly serious matter in Miami, and anyone accused of homicide needs aggressive and experienced defense representation. Contact Stroleny Law to discuss your situation with our Miami homicide defense attorney. You can call (305) 615-1285 to schedule your free consultation; someone is available to answer your call 24/7.
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Why Choose Stroleny Law?
Founded by Julian Stroleny, our firm brings years of criminal defense experience to every case. Mr. Stroleny was previously an Assistant District Attorney, so he knows how prosecutors approach homicide cases in Miami courts. He’s a frequent legal commentator in the media, providing his respected analysis of criminal law, and was named a Super Lawyer by his peers.
At Stroleny Law, we do things differently. We combine prosecutorial experience with defense advocacy to provide full-service legal representation. We fully involve ourselves in every case, understanding both sides of the criminal justice system and communicating consistently with clients throughout the process.
We stand out in several ways. First, Julian Stroleny’s former Assistant District Attorney background provides insight into prosecution strategies so we can anticipate and counter the other side’s moves. This prosecutorial experience means we know how the state builds its cases and where to look for holes in its evidence.
We limit our caseload so each client gets the attention their case deserves. Our hands-on approach allows us to investigate each case more deeply and develop effective defense strategies.
Our focus on accessibility and communication also sets us apart. Our clients have direct access to our firm and get regular updates and prompt responses to their questions and concerns. We believe in keeping our clients informed and involved in their defense strategy and explain detailed legal concepts in simple terms.
We invest in case preparation and investigation using all possible resources and forensic tools. We work with a network of trusted investigators, forensic experts, and specialists who help us build the best case possible. This approach often allows us to find evidence or procedural errors that other firms might miss. Our team has found evidence that has changed the outcome of cases many times.
Finally, our downtown Miami location isn’t just about convenience—it’s about being part of the local legal community. Over the years, we have built relationships with court personnel, judges, and prosecutors. These relationships, combined with our knowledge of local court procedures and judges’ inclinations, often prove to be very helpful in defending our clients. Our knowledge of local judicial practices and preferences helps us tailor our defense strategies for each defendant.
If you or someone you love is facing homicide charges, call (305) 615-1285 today to obtain the defense representation you need in these high-stakes matters.
Murder Charges and Penalties in Miami
Murder is the criminal charge most people associate with homicide, and Florida law sets out different potential charges and penalties for murder.
First-Degree Murder
In Florida, first-degree murder is the most serious homicide charge and is a capital felony. This is the most severe punishment in our system and can include the death penalty or life in prison without parole. First-degree murder includes two types of situations: premeditated murder and felony murder.
Premeditated murder is a deliberate killing where the perpetrator has time to form the intent to kill. The premeditation period can be very short – even minutes – but must be long enough to allow for reflection on the decision. The prosecution must prove premeditation beyond a reasonable doubt. To prove murder, the prosecutor must consider how the murder was planned, the motive of the defendant, and the defendant’s behavior before and after the incident.
Felony murder occurs when someone dies during the commission of another serious felony, even if the death was not intentional. These qualifying felonies include:
- Arson
- Burglary
- Kidnapping,
- Sexual battery
- Trafficking
- Aircraft piracy
- Unlawfully throwing or discharging a destructive device or bomb
- Carjacking
- Aggravated child abuse
- Aggravated abuse of an elderly person or disabled adult
- Violently resisting arrest.
The prosecution doesn’t need to prove an intent to kill in felony murder cases, only that the death occurred during the commission of the qualifying felony.
Second-Degree Murder
Second-degree murder is charged as a first-degree felony in Florida and carries a punishment of up to life with a minimum of 30 years. This charge applies when a killing occurs without premeditation but shows a depraved mind with no regard for human life. A “depraved mind” means imminently dangerous actions to another person, thereby showing a depraved indifference to human life.
The key difference between first-degree murder and second-degree murder is the lack of premeditation. A second-degree murder often involves heat of passion killings or deaths that result from extremely reckless behavior. For example, firing a weapon into an occupied building or vehicle might cause second-degree murder charges if someone dies. Even if the shooter didn’t intend to kill anyone specifically, they’ll face this felony charge.
Like first-degree murder, second-degree murder can also occur during the commission of certain felonies but involves a less serious underlying crime. While the prosecution must prove the defendant acted with a depraved mind and disregarded human life, they don’t need to prove premeditation.
Third-Degree Murder
Third-degree murder is a second-degree felony and carries a maximum sentence of 15 years. This charge typically involves unintentional deaths that occur during the commission of a non-violent felony. This murder charge is less severe than first or second-degree charges but still carries significant prison time and requires a strong defense.
Third-degree murder is different from other murder charges in that it doesn’t require premeditation or a depraved mind. Instead, it often involves deaths that occur as an unintended consequence of another criminal activity. For example, if someone dies from drugs provided by a dealer, the dealer might face third-degree murder charges even though they had no intention to cause death.
Other Homicide Charges in Florida
There are other classifications of homicide under Florida law besides murder.
Manslaughter
One type of homicide charge besides murder in Florida is manslaughter. Manslaughter is classified into two distinct categories: voluntary manslaughter and involuntary manslaughter. Voluntary manslaughter occurs when a person intentionally causes the death of another but with mitigating circumstances that reduce the charge from murder. Involuntary manslaughter, on the other hand, happens when a person unintentionally causes the death of another due to reckless behavior or negligence.
Vehicular Homicide
Another homicide charge to be aware of in Florida is vehicular homicide. This offense occurs when a person operates a motor vehicle in a reckless manner, resulting in the death of another person. Vehicular homicide can be charged as a felony or a misdemeanor depending on the circumstances surrounding the incident.
If you or someone you know is facing manslaughter or vehicular homicide charges, don’t wait to contact our skilled Miami homicide attorney at Stroleny Law. Do not face this serious situation alone, as your future is on the line.
How Our Homicide Defense Team Can Help
When you have our firm handling your case, you immediately gain resources for your defense you previously did not have.
Early Intervention and Investigation
When you hire Stroleny Law, we immediately start thoroughly investigating your case. Time is of the essence in homicide cases as evidence can deteriorate or disappear, witnesses’ memories can fade, and surveillance footage may be overwritten.
Our immediate response might include securing crime scene evidence, obtaining surveillance footage, interviewing witnesses while their memories are fresh, and consulting forensic experts to preserve and analyze physical evidence.
Our early involvement often allows us to find evidence that might otherwise be lost or overlooked. This evidence may include security camera footage that might be automatically deleted after a certain period or witnesses who might move away or become harder to locate over time.
We establish timelines, verify alibis, and gather evidence that contradicts the prosecution’s theory of the case. Our Miami homicide defense attorney does everything possible to investigate the entire circumstances around your allegations.
Police Procedure Analysis
Stroleny Law also has insight into police procedures and potential misconduct. We review every investigation aspect, including search warrants, interrogation methods, and evidence collection. If we find evidence of procedural violations or discover your constitutional rights were infringed, we move to suppress evidence. This approach can significantly weaken the prosecution’s case.
We examine whether proper procedures were followed in collecting and handling evidence, whether search warrants were properly obtained and executed, and whether our defendant’s rights were respected during questioning. We examine:
- Search warrant validity and scope
- The handling and preservation of physical evidence
- Police lineups and photo arrays
- Witness statement documentation
- Interrogation recordings and conduct
- Chain of custody of physical evidence
Our Strategic Defense Approach
Each case is different, and our Miami homicide attorney explores all possible defenses for every client. Some common defenses in homicide cases include the following.
Self-Defense
When applicable, we build a strong self-defense argument by showing our client had a reasonable fear of death or great bodily harm. It involves gathering evidence of the threat, analyzing witness statements, and potentially reconstructing the scene to support our client’s version of events. We look at:
- The physical abilities of the parties involved
- History of violence or threats by the deceased
- Presence of weapons or potential weapons
- Scene layout and lighting
- The client’s state of mind and knowledge at the time
- Previous interactions between the parties
Challenging False Confessions
Law enforcement may use coercive techniques during interrogations. We examine how statements were obtained and will fight to suppress confessions that were coerced or obtained through rights violations. It often involves reviewing interrogation recordings, police reports, and witness statements to prove procedural violations occurred.
We look for factors that might have led to a false confession, such as:
- Long periods of interrogation without breaks
- Psychological manipulation or threats
- Promises of leniency or benefits
- Failure to properly advise of Miranda rights
- Physical or emotional exhaustion
- Language barriers or mental health issues
Mistaken Identity
We know eyewitness identification can be unreliable. Our team looks at alternate suspects and alibi evidence and will challenge witness identification procedures. We work with expert witnesses to show how factors like stress, poor lighting, or the passage of time can affect witness reliability.
Our approach includes:
- Reviewing surveillance footage and photographic evidence
- Investigating alibi witnesses and documentation
- Examining cell phone records and digital evidence
- Consulting experts on memory and perception
- Challenging improper identification procedures
- Looking at alternate suspects
Reducing the Charges
In some cases, the best strategy is to negotiate for reduced charges. We consider intent, circumstances, and mitigating factors to argue for lesser charges or alternative sentencing options. Our experience on both sides of the courtroom helps us negotiate with prosecutors.
We look at:
- The defendant’s background and character
- Mental health or substance abuse issues
- Cooperation with law enforcement
- Level of involvement in the incident
- Genuine remorse and acceptance of responsibility
- Family and community support
Constitutional Rights Protection
We protect our client’s constitutional rights by challenging unlawful searches and seizures, forcing the prosecution to prove every element of their case beyond a reasonable doubt, and ensuring due process at every stage of the proceedings. It includes:
- Challenging invalid search warrants
- Suppressing illegally obtained evidence
- Ensuring proper jury selection procedures
- Protecting against self-incrimination
- Maintaining attorney-client privilege
- Access to evidence and witnesses
Contact Stroleny Law in Miami for More Information
If you or a loved one is facing homicide charges, you need immediate legal representation. Contact Stroleny Law at (305) 615-1285 for a free consultation. Our team is available 24/7 for emergencies. We know that legal emergencies don’t always happen during business hours.
Remember: The sooner you involve a defense attorney in your case, the better we can protect your rights and build a defense. Time is of the essence in homicide cases as the evidence needs to be preserved, and witnesses need to be interviewed while memories are fresh. Our team is ready to tackle your defense now.
Initial consultations are confidential and focused on your situation. We’ll explain your options. Don’t face these charges alone – let us help.
