Jacksonville Criminal Attorney Blog

In movies and on television, we hear the words "premeditated murder" on a daily basis. What exactly does "premeditation" mean?

In Florida, in order to convict someone of first degree murder, the state has to prove that the killing of a human being was perpetrated from a premeditated design to effect the death of the person killed. The essential element distinguishing 1st degree murder from 2nd degree murder is premeditation.

Premeditation can be formed in a moment and has to only exist long enough for the accused to be conscious of the nature of the act he or she is about to commit and the probable result of the act. Premeditation can occur a second before the intentional killing. Under Florida law, there are factors to consider when determining whether or not the killing was premeditated. They are:

1. the nature of the weapon used
2. the presence or absence of provocation
3. prior disputes between the parties
4. the way in which the killing was committed
5. the type of wounds inflicted

The murder rate is high in Jacksonville and when people are arrested for homicide, the state attorney's office has a decision to make. They have the very powerful decision of whether or not to seek the death penalty. If the state attorney decides to seek the death penalty, a "death qualified" lawyer must represent the accused. These cases are extremely expensive and the families of the accused generally cannot afford the representation. The public defender's office is appointed to these cases and in the event there is a conflict, there are other criminal defense lawyers in Jacksonville who are appointed.

The state of Florida has set minimum standards criminal defense lawyers in Jacksonville and all of Florida must have in these cases. A capital case is a 1st degree murder case where the state is seeking death. Jacksonville has a list of death qualified criminal attorneys who accept court appointments. The lead lawyer in these cases must be a member of the Florida Bar, has at least 5 years criminal law trial experience, has been lead counsel in at least 9 serious and complex jury trials, sat as co-counsel in at least 2 death penalty cases, has been lead counsel in at least 3 murder cases.

The Jacksonville defense attorney must also be familiar with the procedures of Jacksonville courts, is familiar with using and questioning expert witnesses, has attended 12 hours of continuing legal education focused on defending death cases, and must demonstrate competence in these cases.

If you kill someone in Florida, it is excused under certain circumstances. They are:

1. When it is committed by accident when doing a lawful act while using ordinary caution without illegal intent.

2. When the killing happens by accident in the heat of passion with sudden provocation.

3. When the killing is committed by accident as a result of sudden combat if a dangerous weapon is not used.

An excusable homicide is different than justifiable homicide. Justifiable homicide is a killing that is done while resisting an attempt to murder you or resisting a felony in your home.

To convict someone of premeditated first degree murder in Florida, the prosecutor must prove several elements. The elements are:

1. The victim is dead.

2. The death was caused by the criminal act of the suspect.

3. The killing was premeditated.

Premeditated killing is when you kill someone after making the conscious decision to do so. You must have the intent to kill at the time of the killing. The time between your decision and the killing has to be long enough for you to reflect.

Whether or not the murder was premeditated is up to a criminal jury.

In Florida, capital felonies are punishable by death or life in prison. Capital felonies in Florida are restricted to murder cases.

Capital Murder is the unlawful killing of a person

1. which is premeditated. That means you kill someone after consciously deciding to do it. The decision must be in your mind at the time of the killing.

2. when the murder was committed, you were involved in

a. Trafficking drugs
b. Arson
c. Sexual Battery
d. Robbery
e. Burglary
f. Kidnapping
g. Escape
h. Aggravated child abuse
i. Aggravated abuse of an elderly person
j. Airplane Piracy
k. Unlawful throwing, discharging, or placing of a bomb
l. Carjacking
m. Home invasion robbery
n. Aggravated Stalking
o. Resisting an Officer with violence

If you have any questions about criminal charges in Jacksonville, call our Jacksonville Criminal Lawyers at (904) 634-0900.