Law Offices of Robin C. Lemonidis. - Florida Murder Law

Practice Areas > Violent Crimes > Murder & Homicide

What are the different kinds of homicide charges, and what are the differences between them?

In Florida, there are several different categories of homicide. These include first degree murder, (both premeditated and felony murder), second degree murder, manslaughter, and DUI manslaughter.

Premeditated killings are considered first degree murder. In Florida, there's no specific amount of premeditation required for a killing to be considered first degree murder. First degree murder is killing after consciously deciding to do so.  That decision can occur in a moment, or can be inferred from, say, 5 stab wounds instead of one. The ultimate question of whether the accused had time to consciously decide to kill is left to the jury.  The State must present all first degree murders to a Grand Jury, and the accused must be charged by this Grand Jury, by indictment.

Felony murder occurs when there is another felony crime that occurs along with a death, for example, a burglary where the homeowner is killed, or a drug transaction where a person is killed. These are just a couple of the many examples. 

Second degree murder does not require premeditation. Instead of proving premeditation, the prosecution has to show that the victim was killed as the result of the defendant's act which was imminently dangerous to another and demonstrating a depraved mind without regard for human life.  This can also be a hot blooded killing, as in the course of a fight, where a person shoots into a crowd, or runs their car into a person or a crowd.  Again, these are just two of many possible circumstances.

Manslaughter occurs when the accused acted with an utter disregard for the safety of others, and a death resulted.  This usually implies gross negligence, as opposed to the commission of a deliberate  act that is  imminently dangerous to another.

Vehicular homicide or vehicular manslaughter is reckless driving with a death.

DUI manslaughter is essentially DUI that results in a death. To convict someone of DUI manslaughter, the prosecutor has to prove that the defendant was driving or in actual physical control of a vehicle, while under the influence of alcohol and/or controlled substances, and that a death resulted.

Read the Florida Statute on homicide