Tampa, Florida Violent Crimes: Murder

April 5, 2009
By Musca Law on April 5, 2009 9:05 PM |
Violent crimes can take many forms, from ranging from sexual battery to child abuse to murder. Violence results in harsher sentencing. The criminal justice system particularly frowns against the use of firearms. A conviction for just one felony in the state of Florida results in the permanent loss of the right to carry a gun. This is true even for non-violent felony convictions, such as grand theft, embezzlement, forgery, voting fraud, and similar offenses.

Murder is perhaps the crime that comes to mind most readily. Florida law classifies murder into degrees of severity or culpability. Premeditated murder is the form in which the offender bears the most culpability for his actions, followed by murder which occurs while committing another felony - even if it was not planned. For example, a person who commits an act of arson that kills another human being has committed murder, even if it was not his intention for anyone to die.

Florida has retained the use of capital punishment, although recent concerns about the reliability of criminal convictions have led the state of New Mexico to repeal its use entirely. New Hampshire may be on the same path, as its House of Representatives voted last week to repeal the death penalty, as well. A clear majority of states retain it, however, and the federal government permits its use for certain federal crimes.

Self-defense is always a defense to a murder charge. It is an affirmative defense, because it acknowledges that the defendant committed a crime, but provides an excuse for having done so. Florida has broad legislation that allows a person who is attacked to meet force with force - and he has no duty to retreat from his attacker. If attacked in his home or vehicle, the victim is presumed by law to be in fear of his life, and so the use of lethal force is generally justified in those circumstances. If you have been charged with murder, a criminal defense lawyer can advise you of your rights and the best defense options in your situation.

If you have been arrested in Florida, contact the Tampa criminal defense attorneys at Musca Law immediately to begin developing the best defense possible.