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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No Charges Filed and Prevented Arrest Grand Theft
Client was caring for her special needs sister. While caring for her she received advice from bank personnel to place her sister’s Disability Checks into a bank account in the Client’s name to avoid other family members from stealing money. Once the family members discovered this they called the police to investigate the Client. Attorney Thompson put together documentation showing how the money was being spent and met with police to further explain the situation. The police determined that there was no
All Charges Dismissed Domestic Violence
Client was texting a friend when her significant other tried to grab for her phone. When the client tried to pull away, the victim claimed that he was battered and the client was arrested and brought before DCF due a child being in the house. Attorney Matt Thompson wrote a letter to the State explaining the discrepancy in evidence and claimed that the client was in fact moving away from the victim and did not intentionally try to hit the victim. All charges against the client were dismissed.
All Charges Dismissed Racing on the Highway
Client was arrested after leaving a car show in a fast vehicle. Officers suspected the client of racing another vehicle and police officers pulled him over, drug him out of his vehicle, and arrested him for both racing on the highway and resisting an officer without violence. Upon review of the body camera video, Attorney Matt Thompson raised an excessive use of force complaint against the arresting officer. All charges against the client were dismissed.
Charges Reduced, Guidelines Waived, No Probation Failure to Register as a Career Criminal
The Client was arrested out of State for a warrant for failure to register as a career criminal. This violated his probation out of Miami-Dade County, Florida. Attorney Thompson was able to track the Client’s addresses and discovered that his landlord at the time lied to his probation officer about his renting an apartment because the landlord was not zoned to allow tenants. The State agreed to a time-served sentence for the time he spent in custody being transported to Florida.
All Charges Dismissed Robbery
Attorney Thompson met with the Client soon after his arrest. It was clear that the person who was in the vehicle with the Client was the person guilty of committing the robbery and that the Client was more of a bystander. Attorney Thompson provided information to the State Attorney’s Office to separate the Client from the co-defendant. The information provided to the State resulted in all charges against the Defendant being dismissed.
Charges Reduced Domestic Battery
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.