A veteran trial lawyer who has tackled Miami’s most serious crimes
Charges like assault, robbery, manslaughter, and homicide result in the heaviest sentences the criminal justice system can impose. Those who stand accused of a violent crime are liable to lose years or even decades of their life in prison. If you face such an accusation you need the best attorney you can get.
Scott F. Kotler, P.A. provides criminal defense services to Miami, Fort Lauderdale, Coral Gables and the surrounding communities. I am a former prosecutor and a criminal defense attorney with experience in more than 125 jury trials. I pursue the most favorable outcome for each and every client. Whether you have been formally charged or are being investigated, I can represent you.
What are the different types of homicide charges in Florida?
Florida, like other states, has several different classifications of homicide, depending on the circumstances of the case.
The various types of homicide someone can be charged with are:
- First-degree murder: Florida classifies first-degree murder as the killing of another person with premeditation or while committing specific felonies such as arson, robbery, carjacking, and sexual battery. The death of another as a result of drugs the defendant supplied can result in a first-degree murder charge. A conviction for first-degree murder makes a defendant eligible for the death penalty.
- Second-degree murder: An unlawful killing through an imminently dangerous act committed with a depraved state of mind without regard to human life is second-degree murder in Florida if it was committed without premeditation. This includes instance where someone was killed during the commission of another serious felony. Second-degree murder can be punished by a life sentence.
- Third-degree murder: The death of any person during the commission of any major felony by defendant is third-degree murder if it was not the result of premeditation or recklessness. This is sometimes called “felony murder”.
- Manslaughter: The death of another person through the defendant’s culpable negligence is manslaughter and differs from third-degree murder as it does not require another simultaneous felony. Florida allows for manslaughter charges against a defendant where a police officer, firefighter or emergency personnel died as a result of their actions. Vehicular homicide is an example of manslaughter where the defendant’s reckless or drunk driving caused the death of another.
While most murder charges are non-bond-able, there is a way to possibly get a bond, and that is an Arthur Hearing. I have had great success in getting people bond on non-bond-able charges.
The degree of the charge is important, as higher offenses can result in decades of additional jail time. Attorneys often work to have charges downgraded so the penalties are less severe. Speak with a violent crimes attorney in Coral Gables to ind out more about possibilities for your defense.
What is the difference between battery and aggravated battery?
Aggravated assault is a very common offense in Miami-Dade and Broward County. Battery is the unlawful touching or striking of another person without their consent. Any kind of touching, such as a simple shove or slap that does not cause any injury, can be charged as a battery. Aggravated battery occurs when some other condition makes a more serious charge necessary.
In Florida, battery is considered aggravated when the defendant:
- Intentionally or knowingly causes great bodily harm, disability or permanent disfigurement
- Uses a deadly weapon
- Knew or should have known the victim was pregnant at the time of the offense
If you are charged with any type of battery, contact my criminal defense law firm for more information about how I can help your case.
Call me today to schedule a free initial consultation at my Coral Gables office
Violent crimes like battery or homicide are the type of charge most likely to go to trial. I have handled more than 125 jury trials during my career, and I aggressively pursue a favorable result in every case. Anyone facing violent crime charges in Miami-dade or Broward Counties should contact my firm at 305-804-2436 or online to schedule a free initial consultation.
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