Murder and Homicide Defense in Miami

These cases are often decided by details: who struck first, what the medical examiner can and cannot say, what the video actually shows, and whether a statement was taken lawfully. Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

Murder in the First Degree (Section 782.04(1))

First-degree murder is a capital felony. Florida law defines it as an unlawful killing:

• Premeditated: "perpetrated from a premeditated design to effect the death of the person killed or any human being";
• Felony murder: committed by a person engaged in committing or attempting one of the felonies the statute lists, which include drug trafficking, arson, sexual battery, robbery, burglary, kidnapping, escape, aggravated child abuse, aggravated abuse of an elderly person or disabled adult, aircraft piracy, a destructive device or bomb, carjacking, home-invasion robbery, aggravated stalking, murder of another human being, resisting an officer with violence, aggravated fleeing or eluding with serious bodily injury or death, terrorism, and human trafficking; or
• Drug-distribution death: resulting from the unlawful distribution, by a person 18 or older, of certain listed drugs (including Schedule I substances, cocaine, opium and its derivatives, methadone, fentanyl and related substances, and methamphetamine) when the drug is proven to have caused, or to have been a "substantial factor" in producing, the user's death. See Fentanyl Charges.

In felony murder, the State does not have to prove an intent to kill. It has to prove the underlying felony and the death.

Notice of the death penalty. If the prosecutor intends to seek death, the statute requires written notice filed within 45 days after arraignment, listing the aggravating factors the State intends to prove.

Murder in the Second Degree (Section 782.04(2)-(3))

Second-degree murder is a first-degree felony punishable by up to life. It is an unlawful killing "perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life," without a premeditated design to kill a particular person.

A second form applies when a person is killed during one of the listed felonies by someone other than the people committing it. In that situation, the person committing or attempting the felony can be charged with second-degree murder.

Murder in the Third Degree (Section 782.04(4)-(5))

Third-degree murder is a second-degree felony (up to 15 years). It is an unlawful killing, without any design to cause death, by a person committing or attempting a felony other than the felonies the statute excludes (a list that largely tracks the first-degree felony-murder list).

Since July 1, 2025, third-degree murder also includes a death resulting from the distribution, by a person under 18, of a substance he or she knew or reasonably should have known contained dangerous fentanyl or fentanyl analogs, when it is proven to have caused, or been a substantial factor in producing, the death (chapter 2025-69, Laws of Florida).

Manslaughter (Section 782.07)

Manslaughter is the killing of a human being "by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder." It is a second-degree felony (up to 15 years).

Florida also has aggravated manslaughter, a first-degree felony (up to 30 years), when a person's culpable negligence causes the death of:

• an elderly person or disabled adult;
• a person under 18; or
• an officer, firefighter, emergency medical technician, or paramedic performing duties within the course of employment.

Chapter 776, referenced in the manslaughter statute, is Florida's self-defense law.

Vehicular Homicide and DUI Manslaughter

• Vehicular homicide (section 782.071) is a killing caused by operating a motor vehicle "in a reckless manner likely to cause the death of, or great bodily harm to, another." It is a second-degree felony, and a first-degree felony if the driver knew or should have known of the crash and failed to give information and render aid, or, since October 1, 2025, has a prior conviction for certain homicide offenses.
• DUI manslaughter is charged under the DUI statute. See DUI Manslaughter & DUI Serious Bodily Injury Defense.

Attempted Murder

Attempts are charged under Florida's attempt law. An attempt to commit a capital felony, such as first-degree murder, is a first-degree felony. An attempt to commit a life felony or a first-degree felony, such as second-degree murder, is generally a second-degree felony. If a firearm is involved, 10-20-Life mandatory minimums can apply to attempts too. See Gun & Weapons Charges.

The Penalties, Including Capital Sentencing

Capital felony. Under section 775.082, a person convicted of a capital felony is punished by death if the sentencing proceeding under section 921.141 results in a death sentence; otherwise by life imprisonment without parole.

How a capital sentencing works (section 921.141). After a conviction for a capital felony, there is a separate penalty phase, usually before the same jury.

1. The jury decides whether the State proved, beyond a reasonable doubt, at least one aggravating factor from a list in the statute. A finding that an aggravating factor exists must be unanimous. If the jury does not unanimously find at least one, the defendant is not eligible for death.
2. If the jury unanimously finds at least one aggravating factor, it weighs the aggravating factors against the mitigating circumstances and makes a recommendation.
3. Since April 20, 2023, when chapter 2023-23, Laws of Florida, became law, the recommendation no longer has to be unanimous. If at least eight jurors vote for death, the recommendation is death. If fewer than eight do, the recommendation is life without parole, and the judge must impose life.
4. If the recommendation is death, the judge may impose either life without parole or death, considering only aggravating factors the jury unanimously found. The judge must enter a written order explaining the findings, including the reasons for not accepting the jury's recommendation, if applicable.
5. Every death sentence receives automatic review by the Florida Supreme Court.

Aggravating factors added in 2025. The list of aggravating factors is set by statute and has grown. Chapter 2025-138 added a factor for a capital felony committed against the head of a state (such as the President, Vice President, or a Governor), effective July 1, 2025. Chapter 2025-79 added a factor for a victim gathered with others for a school activity, religious activity, or public government meeting, effective October 1, 2025. The date of the alleged offense matters, and we check which version of the law applies.

Mitigation. The statute lists mitigating circumstances, including the defendant's age, extreme mental or emotional disturbance, substantially impaired capacity, extreme duress or domination by another person, minor participation as an accomplice, no significant prior record, and "any other factors in the defendant's background that would mitigate against imposition of the death penalty." Mitigation investigation starts on day one.

Juveniles. Florida law sets a different sentencing structure for capital murder committed before age 18, with a separate sentencing hearing and, in many cases, a later review of the sentence. See Juvenile Crimes.

Self-Defense and Stand Your Ground

Many homicide cases begin as a fight, a robbery attempt, or a confrontation at home. Under Florida law, a person who uses or threatens force as the law permits is immune from criminal prosecution, and the defense can ask for a pretrial immunity hearing. Once the defense raises a prima facie claim of self-defense immunity, the State must overcome immunity by clear and convincing evidence. If immunity is granted, the case ends before trial.

Self-defense in a homicide case requires fast work: scene evidence, video, the other person's history where the law allows it, and witnesses who saw the moments before. See Stand Your Ground & Self-Defense Immunity.

How We Defend Homicide Cases

• Cause and manner of death. The medical examiner's findings, the timing of injuries, and other medical causes are reviewed by qualified defense experts where appropriate.
• Forensics. DNA, fingerprints, firearms and toolmark comparisons, gunshot residue, blood-pattern opinions, and digital evidence are tested, not assumed.
• Identity. Eyewitness identification, phone location data, and video are examined for gaps and errors.
• Intent and degree. The difference between first-degree murder, second-degree murder, and manslaughter is often a question of intent and state of mind. Getting the degree right changes the possible sentence by decades.
• Statements. We review interrogation recordings and notes. Statements taken in violation of a person's rights may be suppressed. See Motions to Suppress.
• Co-defendants and informants. We demand every deal given to a cooperating witness, and those deals are fair game on cross-examination.

Bond and Pretrial Detention

The Florida Constitution (article I, section 14) says everyone charged with a crime is entitled to pretrial release on reasonable conditions, "Unless charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great." It also allows detention if no conditions of release can reasonably protect the community, assure the accused's presence at trial, or assure the integrity of the judicial process.

Florida's pretrial detention statute (section 907.041) lists homicide and manslaughter as "dangerous crimes." A person arrested for a dangerous crime cannot receive nonmonetary release at first appearance once the court finds probable cause. For a dangerous crime that is a capital felony, a life felony, or a first-degree felony, once the court finds probable cause, the State or the court must move for pretrial detention, and the court must order detention if it makes the findings the statute requires.

That is why the first weeks of a homicide case often center on a detention or Arthur hearing, where the defense fights for release. See Bond & Nebbia Hearings.

Turning Yourself In, and Immigration

• If you know police are looking for you, do not run and do not talk. A planned surrender with a lawyer protects your rights and can help at the bond hearing. See Turning Yourself In.
• For non-citizens, murder is on the federal "aggravated felony" list, and manslaughter and other homicide convictions can also carry severe immigration consequences. See Immigration Consequences.

What to Do if You or a Loved One Is Accused

1. Say nothing to police about what happened, even to explain self-defense. Ask for a lawyer and stop talking.
2. Do not talk on jail phones, in jail visits, or online. Those are recorded.
3. Have family preserve evidence: videos, photos, texts, injuries to you, clothing, and names of witnesses.
4. Do not contact witnesses or the other side's family.
5. Call us immediately.

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

What is the difference between murder and manslaughter?

Murder requires premeditation, a depraved-mind act, or a killing during certain felonies. Manslaughter is a killing by act, procurement, or culpable negligence, without lawful justification, that is not murder or excusable homicide.

What is felony murder?

A killing during one of the felonies listed in the statute, such as robbery, burglary, or arson. The State does not have to prove an intent to kill.

Does the jury have to be unanimous for a death sentence?

The jury must unanimously find at least one aggravating factor. Since April 20, 2023, a death recommendation requires at least eight of the twelve jurors, not all twelve. If fewer than eight vote for death, the judge must impose life without parole.

Can I get bond on a murder charge?

It depends on the charge and the evidence. For capital and life-punishable charges, the Florida Constitution allows denial of release when the proof of guilt is evident or the presumption is great, and Florida law requires a detention motion in many homicide cases. Release is fought out at a hearing.

I acted in self-defense. What now?

Do not explain it to the police. Self-defense immunity is raised by your lawyer, with evidence, at a pretrial hearing.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.