Accused of Homicide in Florida? Here's What You Need to Know

Being accused of homicide in Florida is one of the most serious and life-altering experiences a person can face. Whether or not you believe you're guilty of any wrongdoing, the moment you're accused, your entire life changes. You're suddenly a suspect in a criminal investigation, and how you respond in those first few days and weeks can determine whether you face decades in prison—or walk away free.

This guide is for anyone in Tallahassee, Pensacola, Panama City, Destin, Rosemary Beach, Panama City Beach, or Lake City who has been accused of homicide and wants to understand the process, the stakes, and the path forward.

What Does It Mean to Be Accused of Homicide?

Being accused of homicide doesn’t necessarily mean you’ve been charged yet. You might be under investigation, have been questioned by law enforcement, or even arrested—but not formally indicted. Homicide includes various offenses under Florida law:

• Murder (1st, 2nd, or 3rd degree)
• Voluntary manslaughter
• Involuntary manslaughter
• Vehicular homicide
• Assisting in or covering up a murder

Each of these crimes carries serious consequences, including life in prison and, in some cases, the death penalty.

Immediate Steps to Take If You're Accused

1. Do Not Speak to Law Enforcement Without an Attorney

Even if you know you're innocent, you should never give a statement or answer questions without legal counsel present. Anything you say can—and will—be used against you.

2. Hire an Experienced Criminal Defense Attorney

Choose a lawyer with experience handling homicide cases in Florida. You need someone who understands local courts, judges, and prosecutors. Kathleen Bogenschutz has defended serious cases across North Florida and knows how to approach each jurisdiction strategically.

3. Avoid Talking About the Case

Don’t discuss details of the accusation with friends, family, or especially on social media. Investigators can (and do) subpoena private messages, social posts, texts, and more.

4. Preserve Evidence

Gather anything that may prove your innocence: texts, emails, photos, videos, receipts, or GPS data. Share these only with your attorney.

5. Stay Calm and Composed

You’ll face fear, anger, and confusion. But emotional outbursts or erratic behavior can be interpreted as guilt. Rely on your legal team to speak for you.

The Legal Process: From Accusation to Trial

Understanding the timeline of a homicide case in Florida can help you prepare and protect your rights at every step.

Investigation Phase

You may be contacted by police or detectives before you're officially charged. They might say they "just want to talk"—but you're likely already a suspect. The prosecution begins building its case long before formal charges are filed.

Arrest and Booking

If authorities believe they have enough probable cause, they’ll arrest you. You’ll be fingerprinted, photographed, and held in custody. In first-degree murder cases, bail is often denied.

First Appearance and Bail Hearing

Within 24 hours, you’ll see a judge who will inform you of the charges and determine whether you’re eligible for bail.

Arraignment

If formal charges are filed, you’ll be arraigned—this is where you officially enter a plea (usually not guilty if you're working with a defense attorney).

Pretrial Discovery and Motions

Your attorney will receive evidence from the prosecution, conduct their own investigation, file motions to suppress evidence, and prepare your defense.

Trial

Homicide trials can take months or even years to reach, depending on the complexity of the case. At trial, the state must prove your guilt beyond a reasonable doubt.

Defending Against a Homicide Charge in Florida

Common Defense Strategies

• Alibi: Proving you were somewhere else at the time of the crime.
• Self-Defense: Florida’s Stand Your Ground law allows deadly force if you reasonably believed you were in danger.
• Mistaken Identity: Eyewitness errors and weak surveillance can lead to wrongful accusations.
• Lack of Intent: Prosecutors must prove intent for murder charges.
• Forensic Challenges: Your attorney may challenge DNA, fingerprints, ballistics, or other scientific evidence.

Florida’s "Stand Your Ground" Law

Under this law, individuals are allowed to use deadly force if they believe it’s necessary to prevent imminent death or great bodily harm. Your lawyer may be able to use this to request immunity from prosecution before trial.

Why Local Representation Matters

Florida’s legal landscape varies greatly by location. Judges, prosecutors, and even jury attitudes can differ drastically between counties:

• Tallahassee (Leon County): Home to Florida State University, but conservative in its courtroom culture.
• Pensacola (Escambia County): Known for tough-on-crime prosecutors.
• Panama City and Panama City Beach (Bay County): Often sees high-profile and tourist-related cases.
• Destin and Rosemary Beach (Walton and Okaloosa Counties): Smaller courts where local connections and reputation carry weight.
• Lake City (Columbia County): Rural and often traditional in criminal sentencing.

Kathleen Bogenschutz practices across these regions and brings tailored, jurisdiction-specific strategies to each case.

Consequences of a Homicide Conviction in Florida

• First-Degree Murder: Life without parole or death penalty
• Second-Degree Murder: Up to life in prison
• Third-Degree Murder: Up to 15 years
• Manslaughter: Up to 15 years, or more if a firearm was involved

Beyond prison time, you’ll face lifetime consequences:

• Loss of civil rights (voting, firearm ownership)
• Employment barriers
• Housing discrimination
• Social stigma
• Immigration consequences for non-citizens

Even being acquitted doesn’t erase the public stain of an accusation—unless you work with an attorney who understands how to manage both the legal and public aspects of your case.

The Role of the Media

In high-profile or emotionally charged cases, media coverage can significantly impact your case. News outlets may report on your arrest, post your mugshot, or speculate about guilt. Social media only amplifies this.

Your attorney may request:

• Gag orders to prevent public discussion of the case
• Change of venue to move the case to a more neutral county
• Suppression of evidence obtained through media leaks

A proactive legal defense includes a strategy for managing public narrative.

Family Members: What You Can Do

If your loved one has been accused:

• Don’t speak to the police on their behalf
• Encourage them not to discuss the case with anyone but their lawyer
• Document everything – texts, receipts, call logs
• Provide moral and logistical support – court appearances, communication with legal counsel, gathering documents
• Remain calm and focused

Frequently Asked Questions

What’s the difference between being accused and being charged?

An accusation can come from law enforcement or a third party. A charge means the State Attorney has formally filed criminal charges.

Can I be charged with homicide without physical evidence?

Yes. Prosecutors can build cases based on circumstantial evidence, witness testimony, and behavior before/after the crime.

Can I be convicted of murder if I didn’t pull the trigger?

Yes. Under Florida’s felony murder rule, if someone dies during the commission of a felony (like robbery), all participants can be charged with murder.

Can I clear my name if I’m innocent?

With an experienced defense attorney, yes. But clearing your name may also involve seeking expungement, countering public narratives, and rebuilding your life after the case concludes.

Final Thoughts: You Deserve a Relentless Defense

A homicide accusation doesn’t make you guilty—but it does mean your freedom and future are in immediate danger. With the right legal strategy, you can fight the charge, expose weaknesses in the case, and defend your story.

Kathleen Bogenschutz is a Florida criminal defense attorney with deep experience defending homicide cases across North Florida—from Tallahassee to Panama City Beach. She understands the law, the courts, and how to fight back when everything is on the line.

Call Kathleen Bogenschutz today at (850) 273-8327 for a confidential consultation. You don’t have to face this alone. The sooner you act, the more options you have.

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