Murder

First Degree Murder is defined in 782.04 of the Florida Statutes as “the unlawful killing of a human being that is perpetrated from a premeditated design to effect the death of the person killed or any human being.” The presiding judge in a murder case instructs the jury that in order to find the defendant guilty of First Degree Murder, the State of Florida must prove beyond a reasonable doubt that the killing was premeditated after consciously deciding to do so. This decision to kill must be present at the time of the killing.

The State is held to a very high standard in First Degree Murder cases in light of the fact that the punishment if convicted can potentially be the death penalty. Given this extreme punishment, the State must follow a highly complex set of criteria in pursuing First Degree Murder. Only a highly qualified criminal defense attorney well versed in Florida law can properly defend these types of cases.

A person charged with First Degree Murder would present several defenses including that the crime was committed in the heat of passion and therefore warrant only a conviction for Second Degree Murder. Additional defenses include misidentification, self defense, alibi, justification, neglect and cause of death other than murder. All of these defenses require extensive preparation and calling of witnesses in order to show the jury that the client is not guilty of the charges presented by the prosecution.

Only the most seasoned and experienced criminal defense attorney should undertake representation in a murder case and Robin Fuson has extensive courtroom practice with these serious cases. As a former Chief Prosecutor in Hillsborough County and a criminal defense attorney he and his staff are highly skilled in jury trial preparation and presentation.

For a free initial consultation, contact Tampa criminal attorney Robin Fuson to discuss your case.