In many cases, people are charged with manslaughter and other homicides when they are completely innocent. Perhaps you were simply acting out of self-defense, or maybe you were trying to stop someone from committing a very serious crime. There are a number of scenarios that justify the killing of another human being. It is important that these situations be recognized and honored so as to not deter people from making the right choice in the future.
If you have been falsely accused of a form of homicide, such as manslaughter or murder, call Sarasota homicide attorney Erika Valcarcel at (941) 363-7900. With experience as both a defender and a prosecutor, she can anticipate the prosecution’s strategy in order to construct a winning defense. Attorney Valcarcel will gather all of the details in order to defend your freedom and present your case in court.
Florida Justifiable Homicide Laws
Unlike murder and other criminal acts, justifiable homicide is the killing of another human being that does not entail blame or criminal intent. This distinction is crucial, and it’s something violent crime lawyers deeply understand. If you are attacked by another person, for example, you are legally allowed to use deadly force if it is absolutely necessary. Other situations that might result in a justifiable homicide include the defense of others, trying to prevent someone else from committing a very serious crime, and killing an assailant in the line of duty. This is defined under Florida Statute 7822.03 which states: “Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner.”
Many justifiable homicides are committed by police officers and soldiers. A soldier killing an adversary on the field of battle is labeled as a justifiable homicide, as is a police officer killing a felon in order to prevent them from doing harm. Many forms of capital punishment also qualify. For instance, shooting a dangerous prisoner in order to prevent them from escaping is considered justifiable.
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Key Elements of Justifiable Homicide in Florida
For a killing to be considered justifiable under the law, certain conditions must be met. These three elements help determine whether the use of deadly force was lawful and protected under the state’s self-defense statutes.
1. Reasonable Belief of Imminent Threat
You must have a genuine and reasonable belief that you or another person faced immediate danger of death, serious bodily harm, or a forcible felony.
2. Proportional Use of Force
The level of force used must match the severity of the threat, deadly force is only justified when facing a deadly or equally severe danger.
3. Lawful Presence
You must be in a place where you have a legal right to be and not engaged in unlawful activity at the time force was used.
Justifiable Homicide as a Defense
Justifiable homicide is often mistaken for murder or manslaughter, especially where there are no witnesses present during the killing. Thankfully, a skilled attorney can show the courts that your actions were necessary and legal. In a murder case, for example, you may be painted as a ruthless killer who planned a homicide. A capable lawyer can bring forward new evidence showing that the homicide was justifiable and that you had no choice but defend yourself or others.
It might also be the case that you are being charged with an illegal homicide when you were actually providing a service to public safety. If you saw an assailant pulling out a firearm in the middle of a public park, you might have had no choice but to use deadly force in order to stop the assailant. Once the court is presented with the new information, they will be compelled to drop all charges against you.
Florida’s Stand Your Ground Law
Justifiable homicide falls under the Stand Your Ground law in Florida. Under Florida Statute § 776.012, a person is legally justified in using deadly force if they reasonably believe it is necessary to prevent an imminent threat, and they are not engaged in unlawful activity and are in a place where they have a legal right to be. This law extends beyond the home (which is covered by the Castle Doctrine – statue § 776.013) to any location, so long as the threat is real and immediate. However, the Stand Your Ground law does not apply in all cases. Exceptions include when force is used against law enforcement officers performing lawful duties or when the person claiming self-defense was committing a crime themselves.
Limitations and Exceptions to Justifiable Homicide
While Florida law provides broad protections for those acting in self-defense, these protections do have limitations. Certain circumstances can remove the option of being considered justifiable homicide, even if deadly force was used in response to a perceived threat. For example, the defense may not apply if the person using force was the initial aggressor, was engaged in illegal activity at the time, or used force against a law enforcement officer performing official duties. Additionally, deadly force is not justified if the threat could have been safely avoided without harm. Understanding these boundaries is critical, and mistakenly believing your actions qualify as justifiable could still result in serious criminal charges.
Call Erika Valcarcel, Criminal Defense Lawyer, P.A. Today
If you have been charged with an illegal homicide, you are likely worried about the consequences that could follow a conviction. The penalties for murder and manslaughter are harsh, with sentences of up to life in prison and even the death penalty. As a skilled Sarasota homicide lawyer, Erika Valcarcel knows people in Florida are often falsely accused of homicides and she will listen to your side of the story in order to present your case in a positive light.
Call (941) 363-7900 now to see how Erika Valcarcel, Criminal Defense Lawyer, P.A. can help prove that you committed a justifiable homicide rather than a criminal act.
"Erika Valcarcel, Criminal Defense Lawyer, P.A. is the best you will find. Erika Valcarcel is completely honest and straightforward. She took a huge burden off my shoulders many times during difficult periods of my life knowing that she was doing everything that that could and should be done. Her knowledge is extensive and her advice has always been right on the mark. She is worth every penny of the fee she charges. You cannot go wrong securing her services."
Joni A. | Sarasota County
Domestic Violence Charges Dismissed in 10 Days
When a client was arrested for battery after an altercation with his girlfriend, he immediately contacted attorney Erika Valcarcel. The client was adamant that the entire situation was a misunderstanding, but nevertheless he was looking at a domestic violence conviction and potentially up to a year in jail. We acted fast on his behalf and discussed the situation with the State attorney’s office. We informed the prosecutor that our client's girlfriend did not want to proceed and highlighted the weaknesses in their case. Once they were aware of these developments, we successfully arranged to have the charges dismissed. This was all before our client's first court date and impressively all done within 10 days of the initial arrest.
