Federal Murder and Attempted Murder in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

Where Federal Murder Law Applies

Under 18 U.S.C. § 7, that jurisdiction includes, among other places: the high seas and certain U.S. vessels outside any state's jurisdiction; lands reserved or acquired for the use of the United States and under its exclusive or concurrent jurisdiction; certain U.S. aircraft in flight over the high seas; and, to the extent international law permits, a foreign vessel on a voyage scheduled to depart from or arrive in the United States, for an offense by or against a U.S. national. Other federal laws cover killings of federal officers and murder for hire; see Assaulting or Killing a Federal Officer and Murder for Hire.

First-Degree Premeditated Murder (Pattern Instr. O45.1)

What the Government must prove (Elements):

1. The victim was killed.
2. The defendant caused the death with malice aforethought.
3. The defendant acted with premeditated intent.
4. The killing took place within federal jurisdiction.

"Malice aforethought" means intending to take a life deliberately and intentionally, or willfully acting with callous and wanton disregard for human life, knowing a serious risk of death or serious bodily harm would result. Premeditation means killing after having time to think it over and form the intent; no exact amount of time is required, but it must be enough for the person to be fully conscious of the intent to kill.

First-Degree Felony Murder (Pattern Instr. O45.2)

What the Government must prove (Elements): the victim was killed; the death resulted from the defendant knowingly committing, or attempting, a listed crime (arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery); and the killing took place within federal jurisdiction. No premeditated plan or intent to kill is required.

Penalty for first-degree murder: death or life imprisonment.

Second-Degree Murder (Pattern Instr. O45.3)

What the Government must prove (Elements): the victim was killed; the defendant caused the death with malice aforethought; and the killing occurred within federal jurisdiction. Premeditation is not required. Penalty: any term of years or life.

Attempted Murder (18 U.S.C. § 1113; Pattern Instr. O47)

What the Government must prove (Elements):

1. The defendant took a substantial step toward killing the victim.
2. When taking that step, the defendant intended to kill the victim.
3. The attempt occurred within federal jurisdiction.

A substantial step is more than preparation. If the Government points to several acts, the jury must agree on one. Penalty: up to 20 years; attempted manslaughter, up to 7 years.

Federal judges also consider the advisory U.S. Sentencing Guidelines.

Defense Themes

• Jurisdiction. The Government must prove the event happened at a place within federal jurisdiction as charged.
• Intent to kill (attempt). The instruction's notes say recklessness is not enough for attempted murder.
• Malice versus heat of passion. A killing without malice is manslaughter, not murder. See Federal Manslaughter.
• Premeditation. Time to reflect separates first- from second-degree murder.
• Self-defense. The instruction's notes say that when there is evidence of self-defense, the Government must disprove it beyond a reasonable doubt.

What to Do First

1. Do not talk to FBI agents or other investigators without a lawyer.
2. If you get a target letter or learn of a warrant, call us. See Turning Yourself In.
3. Preserve evidence and witness names.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Why is my murder case federal?

Section 1111 applies because of where the killing happened, such as federal land, the high seas, or certain vessels or aircraft. Other federal statutes reach killings because of who the victim was, such as a federal officer, or how the crime was committed.

Is there parole in federal court?

The federal statute sets death or life for first-degree murder and any term up to life for second-degree murder. Ask us how sentencing works in your case.