Murder Lawyer in Miami

Your Defense, Our Priority: Strategic Murder Lawyer in Miami

When facing a murder charge in Miami, your choice of a murder attorney in Miami is critical. At Law Office of Armando J. Hernandez, P.A., we recognize that nothing is more important than your freedom and future. We offer relentless, informed criminal defense at every stage of your case. 

Under the guidance of Attorney Armando J. Hernandez—a former Miami-Dade prosecutor with over 20 years of Florida criminal law experience—our boutique law firm provides personalized, round-the-clock support for those confronting the most serious allegations in the state of Florida.

From the moment of arrest through every court appearance, we stand by our clients and their families, offering not just legal strategies but practical support. You can count on us to be your resource, your voice, and your advocate during the most difficult moments of your life.

We offer free consultations, 24/7 availability, and bilingual services. Call (305) 400-0074 or contact us online for a legal consultation with a murder lawyer in Miami today.

Understanding Murder Laws in Florida

In Florida, the crime of murder is legally defined under the state's homicide laws, primarily Florida Statutes Chapter 782, Section 782.04. The law categorizes murder into different degrees based on the circumstances of the offense, such as the use of premeditation, the intent behind the act, and the commission of a separate felony. 

The state's definitions are precise, and a knowledgeable Miami murder attorney will meticulously analyze the specific statute under which you are charged to find any weaknesses in the prosecution's case.

Key Elements the Prosecution Must Prove

To secure a conviction for murder, the prosecution must prove several key elements beyond a reasonable doubt:

• Unlawful Killing: The state must prove that you caused the death of another person.
• Premeditation or Intent: For a first-degree murder charge, the state must prove that the killing was premeditated, meaning you formed the intent to kill before the act. For other degrees, the state must prove a different level of intent. For example, second-degree murder involves an act "imminently dangerous to another and evincing a depraved mind."
• Felony Murder: For many murder charges, the state must prove that the killing occurred during the commission of another serious felony, such as arson, sexual battery, robbery, or kidnapping. This is a common way a first-degree murder charge is filed.

The prosecution's case often relies on the testimony of the alleged victim, other witnesses, and complex forensic evidence. As a seasoned murder lawyer in Miami, we will challenge the government's evidence at every turn, scrutinizing the methods used to collect and analyze the evidence and questioning the credibility of their witnesses.

Classifications and Degrees of a Murder Offense

Florida law categorizes murder into three degrees, with the penalties increasing significantly with the severity of the charge. The state also has a separate charge for manslaughter, which is a lesser offense.

• First-Degree Murder (Capital Felony): This is the most serious charge. It is the unlawful killing of a human being when the act is premeditated or when the killing occurs during the commission of a serious felony (felony murder rule). A conviction for first-degree murder is punishable by either life in prison without the possibility of parole or the death penalty.
• Second-Degree Murder (First-Degree Felony): This is a serious felony. A conviction can result in a prison sentence of up to life in prison. It is defined as an unlawful killing when perpetrated by an act "imminently dangerous to another and evincing a depraved mind regardless of human life," but without premeditation. This charge also applies when a killing is committed by a person other than the one engaged in the perpetration of a qualifying felony.
• Third-Degree Murder (Second-Degree Felony): This is a less severe felony. A conviction can result in a prison sentence of up to 15 years. It applies to an unlawful killing that occurs during the commission of a non-violent felony.
• Manslaughter: This is an unlawful killing of a person by the act, procurement, or culpable negligence of another, without any design to commit death. A manslaughter charge is a second-degree felony, punishable by up to 15 years in prison.

A knowledgeable murder lawyer in Miami will work to prevent a first-degree murder charge and will fight for a resolution that minimizes the impact on your life.

Collateral Consequences

A criminal record for a murder conviction can follow you for the rest of your life, making it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.

Additionally, a murder conviction will result in a permanent ban on owning or possessing a firearm. For non-citizens, a conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

The Florida Criminal Defense Process for Murder Charges

Navigating the criminal justice system in Florida for a murder charge can be confusing and overwhelming. Our firm provides a clear, step-by-step guide and will be with you at every stage, ensuring you understand your rights and your options.

1. Investigation and Arrest: The process begins with an investigation and arrest; it is crucial to remain silent and request a lawyer immediately.
2. First Appearance and Arraignment: Within 24 hours of arrest, you will have your first appearance and arraignment to be informed of the charges and set bond.
3. Grand Jury Indictment: All first-degree murder charges in Florida must be brought by a grand jury indictment. We understand this process and the strategies to challenge it.
4. Discovery: We will obtain and review all the evidence the prosecution intends to use against you, including police reports, forensic evidence, and other relevant documentation, to build a strong defense.
5. Pre-Trial Motions and Plea Negotiations: We will file pre-trial motions to challenge illegally obtained evidence or procedural errors and engage in plea negotiations with the prosecutor, seeking a favorable agreement.
6. Trial and Sentencing: If a plea agreement cannot be reached, we are prepared to take your case to trial. If a conviction occurs, we will present mitigating evidence and arguments during sentencing to seek the most lenient sentence possible.

Contact the Best Murder Lawyer in Miami at Law Office of Armando J. Hernandez, P.A.

If you or a loved one are facing a murder charge, every second matters. We offer prompt, honest answers and clear explanations of what to expect at every stage. With Law Office of Armando J. Hernandez, P.A., you receive decades of local criminal law experience, guidance from a former Miami-Dade prosecutor, and highly personalized service dedicated to your future. 

Call (305) 400-0074 or reach out online now to connect with a murder attorney in Miami who will act fast, listen to your concerns, and immediately begin working on your defense.