Murder

Murder Defense Attorney in Daytona Beach

Prosecution Experience from Inside the Office That Handles These Cases

When someone faces a murder charge in Daytona Beach, the case lands in the same Seventh Judicial Circuit Court that Attorney Matt Thompson once walked as a prosecutor. He spent six years at the Volusia County State Attorney’s Office in DeLand, the office that prosecutes these cases today, presenting homicide cases before judges and juries. That firsthand view of how the State builds a murder prosecution shapes every defense strategy we develop at Thompson Law, P.A..

We handle criminal defense exclusively. No civil cases, no family matters. Every resource at Thompson Law, P.A. is directed toward clients facing serious criminal charges, and a murder charge is the most serious any person can face in Florida. Life imprisonment and the death penalty are both possible outcomes. Early representation matters because the window to preserve evidence and shape the case is widest in the hours and days immediately after arrest.

Call us now at (386) 280-4977. We’re available 24/7 and offer free consultations with no obligation to retain.

Florida Murder Charges: Degrees, Statutes, & Penalties

Florida law defines three degrees of murder, each carrying distinct penalties. Understanding the charge is the first step toward understanding the defense.

First-Degree Murder

Under Florida Statute Section 782.04(1), first-degree murder is a capital felony. A conviction can result in death by lethal injection or life imprisonment without the possibility of parole. Premeditation, planning, or deliberate intent formed before the act, is the element that typically separates first-degree murder from lesser charges.

Second-Degree Murder

Second-degree murder under Florida Statute Section 782.04(2) is a first-degree felony carrying up to life imprisonment. When a firearm is discharged and causes death, Florida’s 10-20-Life law imposes a mandatory minimum of 25 years. The charge doesn’t require premeditation, but it does require a depraved mind regardless of human life.

Third-Degree Murder

Third-degree murder under Florida Statute Section 782.04(4) is a second-degree felony with a maximum of 15 years in state prison. A mandatory minimum sentence of just over 10 years applies under Florida’s Criminal Punishment Code. Third-degree murder is often charged in connection with the felony murder rule, discussed separately below.

Beyond incarceration, a murder conviction in Florida can mean permanent loss of voting rights, loss of the right to own a firearm, and lasting barriers to employment and housing. The prosecution must prove every element beyond a reasonable doubt, the highest evidentiary standard in the legal system.

Defense Strategies in Florida Murder Cases

No two murder cases are built the same way, and no two defenses should be either. We develop strategy from the specific facts of each client’s case. Attorney Thompson’s years on the prosecution side reveal where the State’s case is most likely to have weaknesses, and that perspective drives how we approach each file.

Florida Stand Your Ground & Self-Defense

Florida’s Stand Your Ground law, codified at Florida Statutes Sections 776.012 and 776.013, removes the duty to retreat before using deadly force when a person is in a place they have a lawful right to be and reasonably believes the threat is real and imminent. A successful immunity hearing under this statute may prevent the case from ever reaching trial.

Excusable Homicide

Florida Statute Section 782.03 defines excusable homicide to include accidental deaths during lawful acts performed with ordinary caution and killings in the sudden heat of passion without a dangerous weapon. These situations aren’t criminal offenses under Florida law, and the facts supporting this defense may be present in cases initially charged as murder.

Intent, Lesser Charges, & Alibi

When the evidence doesn’t support the level of intent required for the charged offense, we may argue for a lesser included charge such as manslaughter rather than murder. Alibi defenses rely on corroborating evidence, including surveillance footage, electronic records, and credible witness testimony. Mistaken identity challenges target gaps in eyewitness reliability and forensic chain of custody. Pre-trial suppression motions can remove the prosecution’s most damaging evidence when law enforcement violated constitutional rights during the investigation or arrest.

How Murder Cases Move Through Volusia County Courts

Our offices in Daytona Beach and DeLand sit inside the jurisdiction where these cases are investigated, charged, and tried. That local presence reflects years of work inside this system, including time spent on the prosecution side of the same courtrooms.

Volusia County murder cases are prosecuted in the Seventh Judicial Circuit Court of Florida, headquartered in DeLand, with proceedings also conducted at the Daytona Beach courthouse. Primary investigations are handled by the Volusia County Sheriff’s Office and the Daytona Beach Police Department. Florida law requires a defendant to appear before a judge within 24 hours of arrest. In first-degree murder cases, the judge may deny bail entirely.

The State Attorney’s Office must file formal charges within 30 days of arrest. During discovery, both sides exchange police reports, forensic analyses, witness statements, and expert opinions. Our review focuses on chain-of-custody defects, investigative failures, and any exculpatory material the State is required to disclose. We can also file motions to suppress evidence obtained in violation of constitutional rights, and a successful motion can eliminate the prosecution’s most damaging material before trial begins.

Why Daytona Beach Clients Facing Murder Charges Choose Thompson Law, P.A.

Attorney Matt Thompson has over 20 years of legal experience, including six years prosecuting homicide cases at the Volusia County State Attorney’s Office in DeLand. That background is specific to the office and the courts that handle murder cases here.

Recognition within the legal community reflects that record:

Voted Best Volusia County Criminal Defense Lawyer by Daytona Beach News-Journal readers, Best of the West 2013
Selected to SuperLawyers Rising Stars for 2013, 2014, and 2015, a recognition received by fewer than 2% of the legal community
Avvo 10.0 rating and Avvo Client’s Choice Award, 2017
Named to the National Trial Lawyers Top 40 Under 40 for Criminal Defense, 2017
Thompson Law, P.A. holds a 4.9-star rating across client reviews

We’re available 24/7 because arrests don’t follow business hours. A free consultation is available to anyone facing murder charges in Daytona Beach or anywhere in Volusia County, with no obligation to retain.

Contact Thompson Law, P.A. for a Free Consultation

Time is a factor in every murder case. The earlier we’re involved, the more opportunities may exist to shape what happens at every stage, from the bail hearing through discovery and trial. Don’t wait to get representation in place.

Call Thompson Law, P.A. now at (386) 280-4977 to speak with our murder defense attorney. We’re available 24/7.

Florida’s Felony Murder Rule & Aggravating Sentencing Factors

Florida’s felony murder rule means a person can face first-degree murder charges even when no intent to kill existed. If an unintended death occurs during the commission of certain enumerated felonies, every participant in that underlying crime may be charged with first-degree murder, including participants who weren’t present at the moment of the killing.

Predicate felonies that can trigger the felony murder rule include robbery, kidnapping, arson, sexual battery, burglary, drug trafficking, carjacking, aggravated stalking, and human trafficking, among others. Defense strategy in felony murder cases often focuses on severing the defendant’s connection to the underlying felony or challenging whether the death actually occurred during its commission.

Aggravating Factors That Can Elevate Penalties

Florida’s sentencing guidelines establish a recommended range, but judges can depart upward based on specific circumstances the court treats as aggravating factors.

Firearm Use
Florida’s 10-20-Life statute imposes mandatory minimums tied to firearm use. In a second-degree murder case, if a firearm is discharged and causes death or great bodily harm, a mandatory minimum of 25 years may apply.

Prior Felony Convictions
Prior felony convictions can significantly increase recommended sentencing under Florida’s habitual offender laws, reducing the court’s flexibility at sentencing.

Victim Vulnerability
Cases where the victim is a child, a law enforcement officer, or a disabled adult can be treated as aggravating circumstances, potentially elevating the sentence beyond the statutory baseline.

Premeditation
Premeditation by definition elevates an unlawful killing to first-degree murder and removes sentencing flexibility available at lower charge levels. Challenging whether premeditation existed is often central to reducing a first-degree charge.

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Defendant was trapped inside car where her boyfriend was acting aggressive. Defendant had to take legal action against the victim to remove him from vehicle. Attorney Thompson sent letter to State early in the case to outline defenses and mitigation and all charges were dismissed prior to filing.
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Attorney Matt Thompson, through depositions and litigation was able to show that officers did not act according to the warrant by picking up the client immediately upon sight. The charge of Fleeing or Attempting to Elude Law Enforcement, which carries a mandatory felony conviction, was dismissed by the State and the client was offered probation and no felony conviction.
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Attorney Thompson provided a letter outlining defenses in case. State reviewed letter and spoke to the witnesses and offered to reduce the charges to a non-violent disorderly conduct with no jail and no probation.
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The Client was working as a part time substitute teacher to help generate income to help his sick child granddaughter. While working there were children acting up and he instructed the child to stay in his seat while the others went to recess. The child claimed that the client hit him and told administration. Attorney Thompson did a public records request to obtain reports from the Department of Children and Families and noticed serious discrepancies in the child’s story. Attorney Thompson was able to p
All Charges Dismissed Aggravated Battery on and Elderly Person
The Defendant and his wife allowed the wife’s elderly mother to come to their home and remove her personal items. During this time the mother began to yell obscenities and attacked E.B. Both parties tried to remove the mother from the home and prevent further physical violence. The mother contacted police and stated that she had been attacked. Attorney Thompson contacted the State Attorney’s Office and met with opposing counsel before charges were filed.