When is Homicide Considered Excusable or Justified?

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31st Mar 2023

If you’ve been charged with homicide, you’re probably feeling overwhelmed and scared. In the state of Florida, the consequences for homicide are harsh; yet, there are specific circumstances where homicide is considered excusable or justified.

Excusable Homicide
The death of a human being is justifiable and thus legal under any of the following three conditions:

• When the death is perpetrated by accident and misfortune while performing any lawful conduct by lawful methods with ordinary prudence and no unlawful purpose, or

• When the killing happens by chance and tragedy in the heat of anger, or in response to any quick and significant provocation, or

• When the killing is done by accident and misfortune as a result of a sudden conflict, when a deadly weapon is not employed, and when the killing is not done in a harsh or unusual manner.

Justifiable Homicide
Justifiable homicide is defined as the intentional killing of another person that is both legally and ethically justifiable and thus not penalized by law. In general, justified homicide is viewed as a necessary act of self-defense to defend oneself or others from harm.

Self-defense is one of the most typical instances in which justifiable homicide is applicable. This means that if someone tries to kill you or commits a violent crime against you, such as rape or robbery, you have the right to use fatal force to defend yourself. This right, however, is only applicable if the force used is proportional to the harm posed by the aggressor and there are no alternative options for protecting oneself or others.

Another instance of justifiable homicide is when law enforcement agents use fatal force to protect themselves or others while on the job. Officers must show that they had a reasonable belief that their actions were necessary to prevent significant harm or death to themselves or others in such instances. If you have been charged with homicide in Miami, then you may want to call an experienced criminal defense attorney for legal advice.