Switch to ADA Accessible Theme
Close Menu
Orlando Criminal Defense Lawyer > Blog > Murder Manslaughter > 2 Things Florida Prosecutors Must Show To Get A First-Degree Murder Guilty Verdict

2 Things Florida Prosecutors Must Show To Get A First-Degree Murder Guilty Verdict

Arrested

If you are being put on trial for murder, the bar is high for the prosecution to make the case that you are guilty of your charges beyond a reasonable doubt. And if there is sufficient evidence to show this, then a conviction will likely follow. In this situation, you are going to be facing some very serious criminal penalties, including the death penalty. While not every state in the nation uses capital punishment, the state of Florida does.

When facing such serious charges as first-degree murder in Florida, it is essential to have a proven defender that understands how to mount tactical and robust defense strategies that get results. In Florida, the Orlando murder & manslaughter lawyers at Joshi Law Firm, PA, are here for you and will have your best interests at heart. With murder, your life is on the line, and the legal team at Joshi Law Firm, PA, understands this and will aggressively fight to secure the best possible outcome for you.

How Does the Defense Prove First-Degree Murder in Florida?

There are two main elements that the prosecution in a first-degree murder case must prove. These are:

Willful Intent

It will be necessary to persuade the jury in a murder case that the violent act was done intentionally and there was a desire to kill. The prosecution will have to get inside a defendant’s head and use various facts and information to support the defendant’s willful premeditated intent to take another person’s life.

Premeditation

Premeditation is the active planning and preparation for committing murder. If a person is deemed to have been actively considering murder and thought about it enough to put together a scheme to do so and never reconsidered their intentions, then premeditation can be shown.

In Florida, proving these elements above is going to secure a guilty verdict for a defendant. Other scenarios, too, may not necessarily show willful intent or premeditation existed when a murder happened but will still call for first-degree charges. For example, if a felony crime was being committed and a murder resulted, felony murder would be in the first degree. Kidnapping or sexual battery would be examples of felony events. Another instance would be when a person who sold drugs led to the death of another.

A skilled defense attorney will have the task of debunking the prosecution’s claims against you and be good at what they do. Finding issues with the prosecution’s evidence and misrepresentations in their facts to unravel their theory of how the crime happened is critical. This is why it is essential to have a detailed oriented and experienced legal professional representing you when you are facing murder charges.

Speak to an Orlando Murder & Manslaughter Lawyer Today

It can be stressful and scary to be charged with first-degree murder. The best thing to do is to take a deep breath and immediately get in touch with the Orlando criminal defense lawyers at Joshi Law Firm, PA, by calling (407) 661-1109 to schedule a consultation with an attorney.

Source:

flsenate.gov/Laws/Statutes/2019/782.04

Facebook Twitter LinkedIn