Homicide is the act of a human being causing the death of another human being. There are both unintentional and intentional homicides, and many different types of homicides are generally treated very differently in human societies; such classes of homicide can include murder, manslaughter, euthanasia, execution, and (according to some sources) abortion.
Not every homicide is a crime. Florida law separates lawful or excusable deaths — such as a justified use of force in self-defense — from criminal homicide, and then divides criminal homicide into degrees based on intent, premeditation, recklessness and the circumstances surrounding the death. Where your case falls on that spectrum determines everything: whether charges are filed at all, whether bond is possible, and whether you are facing probation, a term of years, life in prison, or the death penalty.
In Brevard County these cases typically move through first degree murder, second degree murder, third degree (felony) murder, manslaughter, aggravated manslaughter of a child or elderly person, vehicular homicide, and DUI manslaughter. First degree murder requires premeditation or a death occurring during an enumerated felony and is a capital offense. Second degree murder involves an act imminently dangerous to another and evincing a depraved mind, without premeditation. Manslaughter covers a killing by act, procurement or culpable negligence that is not excusable and not murder. Vehicular homicide and DUI manslaughter arise from the operation of a vehicle or vessel and carry mandatory prison exposure under Florida’s sentencing scoresheet.
Homicide investigations begin long before an arrest. Detectives collect scene photographs, autopsy and toxicology findings, digital evidence from phones and vehicles, surveillance footage, witness statements and forensic testing — and they will ask you to “clear things up” in an interview. You are under no obligation to do so. Anything you say can be used against you, and statements made without counsel are frequently the strongest piece of the State’s case at trial. Remain silent, ask for a lawyer, and say nothing further.
Because a homicide charge is generally a non-bondable offense pending first appearance, the earliest hours matter. We move quickly to preserve evidence before it degrades, identify and interview witnesses while memories are fresh, retain independent forensic pathologists, accident reconstructionists or toxicologists when the State’s findings are open to challenge, and litigate for a reasonable bond through an Arthur hearing where the proof of guilt is not evident and the presumption is not great.
Defenses in these cases are real and fact-specific. Self-defense and Florida’s Stand Your Ground immunity, defense of others, lack of premeditation, misidentification, an unreliable or coerced confession, a broken chain of custody, an intervening medical cause of death, or the absence of the culpable negligence required for manslaughter can all reduce or defeat a charge. Often the most valuable work happens before trial — persuading the State that the evidence supports a lesser offense, or that it does not support a filing decision at all.
Melissa Peat and the Coastal Legal Team have handled serious violent felony matters throughout the Eighteenth Judicial Circuit. We explain the charge, the sentencing exposure and the realistic outcomes in plain language, we keep families informed at every stage, and we prepare every case as though it is going to a jury. If you or a loved one has been arrested for or questioned about a death in Brevard County, call our 24hr line immediately.
Coastal Legal Team
Phone: (321) 775-3694 | 24hr Line: (321) 419-3095
Email: info@coastallegalteam.com
274 E. Eau Gallie Blvd., Suite 257, Indian Harbour Beach, FL 32937
Free consultations available for most matters.