Fort Myers Homicide Lawyer

Homicide Attorney in Fort Myers, FL

If you’re facing homicide charges in Fort Myers, Florida, call a lawyer immediately. A Fort Myers homicide lawyer at The Caldarone Law Group, P.A. can provide reliable legal advice. A former prosecutor, Justin P. Caldarone, uses his experience to provide a personalized strategy for every client. He’s committed to building a solid defense that’s grounded in the truth while humanizing your circumstances to create genuine empathy. 

Hire a Homicide Lawyer

I am attorney Justin P. Caldarone at The Caldarone Law Group, P.A. I previously worked as a prosecutor, which means I understand how the State builds its cases. I use this knowledge to dismantle their theories and craft a strong defense on your behalf. From Captiva Island to Fort Myers Beach, I’m ready to tackle your Fort Myers homicide case.

You need a defense that’s both aggressive and personal. I work closely with my clients to navigate the severe consequences of homicide allegations. I listen to your story and provide legal counsel specific to your unique situation. I make sure your defense is built with integrity and compassion. 

I offer free consultations for clients facing homicide charges. Reach out immediately so we can work together on your defense. 

Florida Homicide Law

In Florida, homicide is the term that refers to one person allegedly killing another. Our state strictly categorizes unlawful killings based on intent and the circumstances surrounding the death. Florida recognizes three degrees of murder based on intent and premeditation:

• First-Degree. The most serious type of homicide in Florida. A capital felony involving premeditation or planned homicide, felony murder, or specified drug-related fatalities, punishable by life without parole or death.
• Second Degree. A first-degree felony involving a “depraved mind” without premeditation, punishable by up to life in prison. 
• Third-Degree. A second-degree felony involving the unintentional killing committed during a non-violent felony, punishable by up to 15 years in prison in Fort Myers. 

Defenses to Felony Murder

A lawyer can explore all available defenses based on your case. Your attorney may argue:

• Non-Participation in the Underlying Felony. You were not involved in the underlying felony and therefore cannot be guilty of felony murder. If the original felony charge is dismissed or you’re acquitted, the felony charge also fails.
• The Independent Act Doctrine. If one person in a group independently commits a more serious crime (like a murder), that wasn’t reasonably foreseeable to the rest of the group, and it wasn’t part of the original plan, you may have a valid defense that it was an independent act.
  
  For example, if you were with a group of friends and agreed to a simple battery but your friend pulled out a gun and killed a store owner, your attorney may be able to argue it was an “independent act” that was not reasonably foreseeable.
• The Principal Theory. In our state, a “principal” is someone who encourages or helps with the commission of a crime. If the State cannot prove beyond a reasonable doubt that you intended the underlying felony to occur or that you actively participated in the underlying felony, you may have a valid defense and could avoid a conviction. 
• Self-Defense. You may argue self-defense if you reasonably believed deadly force was necessary to prevent your own imminent death or serious bodily harm. However, Florida typically does not allow this defense to be used if you’re already actively engaged in criminal activity.
• Alibi or Misidentification. If you can prove you were not at the crime scene or that a witness wrongly accused you of a homicide, it can be a valid defense.
• Suppression of Evidence. Your attorney could challenge how specific evidence was obtained, like through an illegal search and seizure that violates your Fourth Amendment rights or through a coerced confession. 
• Insufficient Evidence. Your attorney may argue that the State did not meet its burden of proof regarding your role in the commission of the homicide.

To protect your future, call a seasoned Fort Myers homicide attorney who can challenge the accuracy of the charges or work to have them reduced. 

FAQs

Has the Recent Population Growth in Fort Myers Impacted Homicide Cases? 

Yes, recent population growth has led to more visible police activity in our area. The crime rate in a typical year is about 27.28 per 1,000 residents. With a population of approximately 99,918 as of the last Census, we’ve been ranked as one of the fastest-growing areas in the U.S. The police department reported a nearly perfect homicide clearance rate, solving every murder case. If you’re the focus of a homicide investigation, contact an attorney immediately. 

Can I Represent Myself for a Homicide Case?

Yes, you can represent yourself in a homicide case, but it’s not usually recommended. The stakes are high, and your freedom is on the line. Once you waive your right to a lawyer, the judge treats you exactly like a licensed lawyer, and you are at risk for missing deadlines or filing improper paperwork. When you hire a lawyer, they help you avoid costly mistakes. 

Is a Homicide Ever Excusable?

Yes, a homicide can be considered excusable. A death that results from a misfortune or accident during a lawful act that’s performed without any criminal intent is excusable. An example is a construction worker who drops equipment from a roof and accidentally hits someone walking below, provided there was no intent to cause them harm. 

Can I Talk to a Lawyer for Free?

Most firms, including mine, allow you to set up a free initial consultation. That’s an excellent time to speak with a lawyer for free to discuss your case. When we meet, I can listen to your story, and you can explain what happened. I can answer your questions and discuss how I build a strong defense for my clients facing homicide charges. 

Need a Homicide Lawyer? Call The Caldarone Law Group, P.A.

To hire a homicide lawyer at The Caldarone Law Group, P.A., give me a call. From the River District to Ford Winter Estates, I can build a strong defense on your behalf. While past results don’t guarantee future success, I have a proven record of favorable outcomes for my clients facing homicide charges. Contact me today to set up your initial consultation.