Defense Against Murder and Manslaughter Charges in Volusia County

Facing a homicide charge is an incredibly serious matter. Florida law treats any unlawful killing of another person with the utmost severity. Even second‑degree murder, which doesn’t require proof of premeditation, is classified as a first‑degree felony in Florida and can lead to decades in prison or even a life sentence. In other words, your freedom and your future are on the line.

As former state prosecutors with over 50 years of combined experience, our Daytona Beach homicide defense lawyers at Hager & Schwartz, P.A. understand these stakes from every perspective. We know how investigators build their cases, and we leverage that knowledge to find weaknesses in the prosecution’s evidence and develop strategies tailored to your specific situation. Our deep local roots mean we are familiar with the courts, judges, and prosecutors in Volusia County, enabling us to anticipate challenges and advocate effectively for you.

If you or someone you care about has been arrested or is under investigation for homicide, act immediately. Contact our Daytona homicide defense lawyers for a free consultation. We are available 24/7 because we know emergencies don’t follow business hours, and we’re dedicated to being there when you need us most.

Understanding Homicide, Murder, and Manslaughter in Florida

Homicide is the broad legal term for any situation in which one person causes the death of another. Not all homicides are crimes. Killing in combat or other lawful circumstances, such as self‑defense, can be justified. 

Murder, however, is always unlawful: it involves intentionally causing another person’s death with malice or a premeditated plan to kill. To prove murder under Florida law, the prosecution must show malice aforethought, meaning the defendant intended to kill, or that the act was premeditated. 

Manslaughter, by contrast, covers unintentional killings or deaths that occur in the “heat of passion,” such as when a person reacts to sudden provocation without time for reflection. Manslaughter is generally charged as a second‑degree felony, carrying penalties of up to fifteen years in prison and fines up to $10,000.

Degrees of Murder in Florida

Florida divides murder into several categories, each with vastly different penalties:

• First‑degree murder involves premeditated killing or a death that occurs during the commission of certain felonies (felony murder). Conviction can result in life imprisonment or even the death penalty.
• Second‑degree murder occurs when someone’s actions show a “depraved mind” but lack premeditation. This first‑degree felony carries a maximum sentence of 30 years, with mandatory minimums that can exceed 16 years and fines up to $10,000.
• Felony murder is a subset of first‑degree murder, applied when a death occurs during the commission of specified felonies, even if the death was unintended.

Understanding these distinctions is vital because each charge carries unique elements and sentencing ranges. Our attorneys create strategies to expose weaknesses in the prosecution’s theory, whether challenging premeditation for a first‑degree charge or arguing that a second‑degree charge should be reduced to manslaughter.

Voluntary Manslaughter in Florida

Voluntary manslaughter arises when a person kills in the heat of passion after sudden provocation, without prior intent to kill. Florida law classifies this offense as a second‑degree felony. A conviction can result in up to 15 years in prison and a $10,000 fine. 

In cases involving vulnerable victims (elderly individuals or children), the penalties can be elevated to a first‑degree felony with sentences ranging from 30 years to life imprisonment.

Because manslaughter lacks the malice or premeditation required for murder, the defense often turns on demonstrating provocation, emotional disturbance, or other mitigating factors. Our attorneys develop custom‑fit strategies to highlight these circumstances, working tirelessly to reduce or dismiss charges whenever possible.

Understanding how Florida law distinguishes between homicide, murder, and manslaughter is a critical first step in building a strong defense. With our former‑prosecutor insight and tailored approach, we stand ready to help you navigate these complex allegations and protect your future.

Justifiable Homicide and Self-Defense

Not every killing under Florida law is classified as a crime. In fact, state statutes identify specific situations where taking another person’s life may be considered excusable or legally justified. These laws can be complex, but they are crucial for building a solid defense of justifiable homicide when someone is accused of a serious crime.

Excusable Homicide

Florida law recognizes that some deaths occur by accident or under circumstances that make them justifiable.

Under Florida Statute § 782.03, homicide is excusable if it occurs:

• By accident and without unlawful intent while performing a lawful act using ordinary caution.
• In the heat of passion, provided the act wasn’t done in a cruel or unusual manner.
• During sudden combat, when no dangerous weapon is used and the killing occurs by accident.

These provisions clarify that not every death automatically results in criminal liability. The important factor is whether the act was intentional, reckless, or done in a way that broke the law.

Florida’s “Stand Your Ground” Law

Florida is also known for its Stand Your Ground law, found in Florida Statute § 776.013. This law removes the duty to retreat before using deadly force if a person reasonably believes it is necessary to prevent death, great bodily harm, or the commission of a forcible felony. Importantly, Stand Your Ground protections apply to self-defense in homicide cases, defense others and, and in certain circumstances, defense of one’s home or property.

For this defense to succeed, the accused must show:

• A reasonable belief that the threat was real and imminent.
• That the use of force was proportional to the threat faced.
• That they were not engaged in unlawful activity at the time.

While self-defense and excusable homicide laws offer strong protections, they are often closely examined in court. Prosecutors might claim the threat wasn’t truly immediate, the response was too much, or that the situation doesn’t meet the criteria under Stand Your Ground.

Our Daytona Beach homicide lawyers understand how the State challenges these defenses, and we leverage that knowledge to defend our clients. We carefully examine the facts, gather supporting evidence, and craft a compelling narrative to demonstrate why the use of force was justified.

Legal Defenses and Strategies for Homicide Cases

Every homicide case is unique, and the defense strategy must be carefully customized to the facts, evidence, and circumstances involved. In Florida, several legal defenses might be available depending on what actually happened. 

Common defenses include:

• Self-defense or defense of others: A person can legally use deadly force if they reasonably believe they or someone else faces imminent danger of death or serious injury. The force must match the level of the threat.
• Excusable or justifiable homicide: Under Florida law, some killings may be excused, such as accidental deaths during lawful acts, or provoked killings committed without malicious intent.
• Insanity: This defense applies when a severe mental illness prevents a defendant from understanding the nature of their actions or distinguishing right from wrong. It requires medical documentation and expert testimony.
• Alibi: Demonstrating that the accused was somewhere else at the time of the alleged crime. Credible witnesses, records, or surveillance evidence may support this defense.
• Duress: In rare cases, a killing may occur because the defendant was forced to act under immediate threats of death or serious harm.
• Mistaken identity: Eyewitness misidentification and flawed forensic evidence can lead to false accusations. Challenging the reliability of this evidence is often critical.
• Other defenses: Depending on the circumstances, attorneys may argue negligent or accidental killing, lack of intent, or even police misconduct in the investigation.

Florida’s Stand Your Ground law significantly influences many homicide cases because it permits individuals to use deadly force without backing away if they reasonably believe it’s necessary to prevent death, serious injury, or a forcible felony.

Because each case presents unique challenges, no two defenses are the same. A knowledgeable homicide defense lawyer can review the evidence, choose the appropriate legal strategy, and fight to protect your rights at every stage. If you or a loved one face such charges, the most important step is to seek immediate legal guidance from an attorney who understands the complexities of self-defense in homicide cases and other available options.

Wrongful Death vs. Criminal Homicide

When someone loses their life, the law provides two very different paths for accountability: wrongful death and criminal homicide. While these terms are often used interchangeably, they involve separate legal processes with distinct goals and outcomes. Understanding the difference is crucial for families navigating these painful circumstances.

Wrongful death is a civil action, usually brought by a personal representative of the deceased person’s estate. These cases focus on negligence or a breach of duty, such as a reckless driver causing a fatal crash, and seek monetary compensation for the losses suffered by surviving family members. Recoverable damages may include lost financial support, medical or funeral expenses, and the emotional impact of losing a loved one.

Criminal homicide, on the other hand, is prosecuted by the State of Florida and aims to punish wrongful conduct. Charges such as murder or manslaughter are considered crimes against society. Unlike wrongful death cases, which require proof by a “preponderance of the evidence” (more likely than not), criminal homicide charges demand proof beyond a reasonable doubt, one of the highest standards in the legal system. Convictions can result in fines, probation, decades in prison, or even life imprisonment, depending on the severity of the offense.

In short, wrongful death vs. criminal homicide comes down to purpose: one seeks compensation, the other seeks punishment. Families might find themselves involved in both processes simultaneously. For example, a defendant could face homicide charges in criminal court while also being sued in civil court for wrongful death.

The Criminal Trial Process in Volusia County

Facing a homicide charge in Volusia County can feel overwhelming, especially if you’re unfamiliar with the criminal justice system. Florida’s legal process follows a clear timeline designed to give both sides a chance to present their case. Understanding what to expect at each stage can give peace of mind and show why having strong legal help is so important.

The following is a simplified overview of the process:

• Arrest and first appearance: After an arrest, the defendant is booked into jail and must appear before a judge within 24 hours. At this hearing, the judge reviews whether there was probable cause for the arrest and decides whether bail will be set or denied.
• Formal charges and arraignment: Under Florida Rules of Criminal Procedure, the State Attorney must file formal charges within 30 days of arrest (Florida R. Crim. P. 3.134). At the arraignment, the defendant is informed of the charges and asked to enter a plea—guilty, not guilty, or no contest.
• Discovery and pre-trial: This phase involves the exchange of evidence between the prosecution and defense. Motions may be filed to suppress certain evidence or dismiss charges, and many cases settle through plea negotiations before reaching trial.
• Trial: If no resolution is reached, the case moves to trial. In Florida, defendants have the right to a jury trial but can choose a bench trial, where a judge determines the verdict. The prosecution must prove guilt beyond a reasonable doubt—a standard that gives the defense a significant opportunity to challenge weak evidence or questionable testimony.
• Appeals and post-conviction: If convicted, the defendant has the right to appeal to a higher court. Post-conviction relief may also be available, such as motions for a new trial or challenges to ineffective assistance of counsel.

Each step involves critical deadlines, procedures, and opportunities to secure a client’s future. 

Why Choose Our Team for Homicide Defense?

When facing the most serious accusations under Florida law, you need more than just legal representation; you need a defense team that knows how to fight strategically, fiercely, and effectively. At Hager & Schwartz, P.A., we bring a unique perspective to homicide defense that sets us apart in Volusia County and across Florida.

Our attorneys previously served as state prosecutors, giving us an insider’s understanding of how the State builds and presents homicide cases. We know the tactics prosecutors use, and we apply that insight to anticipate their moves and identify weaknesses in their arguments.

With over 50 years of combined legal experience, our team has managed thousands of criminal cases, including some of the most complex and high-stakes matters. Throughout our career, we have gained professional recognition and respect within the legal community for our commitment to defending clients when everything is at risk.

From our Daytona Beach office, we serve clients throughout Volusia County. We understand the intricacies of the local courts, judges, and prosecutors, which helps us customize defense strategies to fit the community. We also remain available to clients 24/7, providing free consultations, flexible payment plans, and legal plans tailored to each client’s specific needs.

Every case is personal. Whether through reduced charges, favorable plea agreements, or trial victories, we aim to pursue just outcomes for the people we serve. Equally important, we offer compassionate guidance throughout the process because we understand these cases are legal battles and deeply personal challenges.

At Hager & Schwartz, P.A., we combine courtroom skill with client-focused service, standing ready to protect your rights and future. If you or someone you love is facing homicide charges in Daytona or anywhere in Volusia County, do not wait to secure strong legal representation. 

Contact us to schedule a free consultation with an experienced Daytona homicide defense lawyer and take the first step toward building your case.