Facing a homicide charge is one of the most serious legal challenges anyone can experience. If you or a loved one has been accused of homicide in Polk County, FL, you must act quickly to protect your rights.
At Thomas C. Grajek, Attorney At Law, we understand the gravity of homicide charges and the potential life-altering consequences. We have over 25 years of experience defending Florida clients against serious criminal accusations. We are committed to providing aggressive legal representation and protecting your rights and your future.
If your rights were violated, witnesses provided unreliable testimony, or critical evidence was compromised, our legal team will thoroughly investigate your case and determine the best course of action. If you are questioned or detained by law enforcement, don’t wait to seek the legal guidance you need. Let us protect your rights and work toward achieving the best possible outcome for you.
Contact us today to schedule an initial consultation at (863) 688-4606 to discuss your case with a Polk County homicide lawyer.
How Our Polk County Homicide Lawyer Can Help You
Being arrested for homicide in Polk County, Florida, can be overwhelming. From aggressive law enforcement officers to prosecutors determined to secure a conviction, it may feel like the odds are stacked against you. However, you don’t have to face this battle alone.
A skilled Polk County homicide defense attorney can help level the playing field and ensure that your rights are protected. We have the experience, reputation, and track record to defend you from serious criminal charges.
Our founding attorney, Tom Grajek, is one of a handful of attorneys in Florida to have earned the American Chemical Society (ACS) Forensic Lawyer-Scientist Designation. He uses this advanced training to build stronger defenses for clients. He knows how to expose non-validated science that police and prosecutors attempt to use to convict defendants of crimes, and how to use legitimate science to further the cause of justice.
When you hire us, our Florida legal team will:
- Conduct a thorough investigation into the charges against you
- Gather and analyze evidence that may support your defense
- Work with forensic experts and other professionals to challenge the prosecution’s claims
- Negotiate with prosecutors to reduce or dismiss charges when possible
- Represent you in all court proceedings, including trial if necessary
When you’re facing homicide charges, having an experienced attorney who knows Florida’s legal system inside and out is crucial. We have decades of experience successfully defending clients in Polk County and are prepared to build a strong case on your behalf. Call us today to schedule a confidential case consultation to get started.
Overview of Homicide and Florida Law
“Homicide” refers to one person causing the death of another. However, Florida law distinguishes between different types of homicide based on intent, circumstances, and other factors. The specific charge you face can greatly impact the potential penalties.
First-Degree Murder
Under Florida Statute § 782.04(1), first-degree murder involves:
- Premeditated Murder: A killing that was planned in advance, even if only briefly.
- Felony Murder: A death that occurs during the commission of certain felonies, such as robbery or battery.
In Florida, first-degree murder is a capital felony, meaning it carries either life imprisonment without parole or the death penalty (if aggravating factors are present).
Second-Degree Murder
Florida Statute § 782.04(2) defines second-degree murder as a killing that is not premeditated but occurs due to a “depraved mind” with no regard for human life.
Second-degree murder is a first-degree felony and carries penalties including:
- Up to life in prison
- Substantial fines
- Long-term impacts to firearm ownership, voting rights, and other civil rights
This charge often involves reckless or extremely dangerous actions.
Manslaughter
Manslaughter, as defined under Florida Statute § 782.07, involves an unlawful killing that lacks premeditation.
There are two types:
- Voluntary Manslaughter: A killing that occurs in the heat of passion or due to sudden provocation.
- Involuntary Manslaughter: A death caused by negligent or reckless behavior rather than an intent to kill.
Manslaughter is a second-degree felony, with potential penalties, such as:
- Up to 15 years in prison
- Fines up to $10,000
- Additional penalties if aggravating factors exist, such as the use of a firearm
Prosecutors may escalate charges to aggravated manslaughter if the death involved a firearm or a vulnerable individual like an elderly adult.
Felony Murder
Felony murder occurs when a person dies during the commission of certain felonies, including:
- Robbery
- Rape
- Burglary
- Kidnapping
- Arson
Even if the defendant did not directly cause the death, they can still be charged with felony murder. The severity of penalties depends on whether the case is classified as first-degree or second-degree felony murder.
What Are the Penalties for Homicide in Polk County, FL?
The penalties for a homicide conviction are severe and can include:
- Lengthy prison sentences, ranging from years behind bars to life without parole
- Death penalty, reserved for certain first-degree murder cases
- Hefty fines, often reaching tens of thousands of dollars
- Permanent criminal record, affecting employment, housing, and civil rights
A homicide conviction can also damage your reputation, relationships, and mental well-being. That’s why it’s essential to fight every aspect of the prosecution’s case with an experienced defense attorney by your side.
What Are the Defenses to Homicide Charges in Polk County?
When facing homicide charges in Polk County, the prosecution must prove your guilt beyond a reasonable doubt. A strong legal defense can significantly impact the outcome of your case. Depending on the circumstances, several defense strategies may apply.
Self-Defense or Defense of Others
If you reasonably believed that you or another person was in immediate danger of serious bodily harm or death, you may be justified in using force, including deadly force. Florida law recognizes the right to protect yourself and others when faced with an imminent threat. Your attorney can argue that your actions were necessary and legally justified under self-defense laws.
Accidental Death
Homicide charges require intent or reckless behavior. If the death occurred unintentionally and without negligence or criminal recklessness, it may not constitute a crime. Accidental deaths that occur without unlawful conduct could serve as a valid defense, particularly if evidence shows that you did not act recklessly or with criminal intent.
Stand Your Ground
Florida’s “Stand Your Ground” law allows individuals to use force in self-defense without a duty to retreat, provided they were in a place where they had a legal right to be. If you used force in response to a perceived threat and reasonably believed it was necessary to prevent harm, this law may protect you from criminal liability. Your attorney can demonstrate how the law applies to your case.
Insanity
If you suffered from a severe mental illness at the time of the act and could not distinguish right from wrong, an insanity defense may be applicable. This defense requires substantial medical and psychological evidence proving that your mental state prevented you from understanding the consequences of your actions.
Mistaken Identity
Many homicide cases rely on witness testimony, surveillance footage, or forensic evidence, which may be flawed or unreliable. If the evidence linking you to the crime is weak, circumstantial, or based on mistaken identity, your attorney can challenge the prosecution’s claims and argue that you were not the person responsible for the crime.
Constitutional Violations
Law enforcement must follow strict procedures when investigating and arresting individuals. If your constitutional rights were violated—such as through an illegal search and seizure, failure to read Miranda rights, or coerced confessions—certain evidence may be deemed inadmissible in court. Your criminal defense lawyer will scrutinize the prosecution’s case for any procedural violations that could weaken their argument against you.
Each homicide case is unique, and the best defense strategy will depend on the specific facts of your charges. Our legal team will conduct a thorough investigation, analyze the evidence, and develop the strongest possible defense to protect your rights and fight for your freedom.
Contact an Experienced Homicide Defense Attorney in Polk County, FL
If you or a loved one is facing homicide charges in Polk County, FL, time is of the essence. The prosecution is already working to build its case against you, and a conviction could mean losing your freedom forever.
Our experienced Polk County homicide defense attorney is ready to fight for your rights. We have a proven track record of success in defending clients against serious criminal charges and will work tirelessly to achieve the best possible outcome for your case.
Remember, being accused of homicide does not mean you are guilty. You have the right to a fair trial and a strong defense. Let us help you navigate this challenging time and protect your future.
Contact us today to schedule a confidential consultation and start building your defense.