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Homicide Offenses

Gainseville probation violation attorneyHomicide is the killing of one human being by another human being. As a Gainesville murder defense attorney understands however, not every homicide constitutes an illegal act. Under Florida law, there are two separate homicide offenses involving illegal killings:

  • Murder
  • Manslaughter

The Concept of Malice

To be guilty of a crime, a person must have committed a certain act with the requisite intent. An illegal killing done with malice will be charged as murder; without malice, manslaughter. Malice can be defined by a Gainesville murder defense attorney as purposefully killing a person or killing out of ill will or hatred.

Murder

A killing done with malice is murder. Florida law categorizes murder as either:

  • First degree murder; premeditated murder or murder committed in the act of a specified type of felony
  • Second degree murder; committed not with premeditation but with evidence of a depraved mind that disregards human life or as an accomplice in a felony murder
  • Third degree murder; committed in the commission of a non-violent felony

Manslaughter

Manslaughter is classified as either:

  • Voluntary manslaughter; a killing by committing an intentional negligent act
  • Involuntary manslaughter; a killing by committing a recklessly negligent act

As a Gainesville manslaughter defense lawyer can best explain, the intentional negligent act in a voluntary manslaughter is not the intent to kill, but the intent to do the act which resulted in the killing.

Defenses

In most cases, a defense to either murder or manslaughter will be based on one the following:

  • Excusable homicide; circumstances include a true accident where no unlawful activity was occurring and the people involved were using reasonable caution or what is considered a heat of passion or sudden provocation incident
  • Justifiable homicide; where the person is resisting an attempt of another to kill them
  • Self-defense; a person may use force, perhaps deadly force, to protect themselves, their property or another person as long as the force is proportionate to the threat they face

Contact a Gainesville Manslaughter Defense Lawyer for Legal Advice 

If you have been charged with a crime, you need to understand and assert your legal rights. Call Attorney Rick Mercure at (352) 222-2047 for a free, confidential case evaluation.

The Best in Gainesville

There aren’t words that can truly explain the work ethic Rick has for his clients. Rick was my lawyer last year and fought tooth and nail to make sure I received the best possible outcome for my case and I did. I trust this man with my life and to this day he remains my lawyer. There was never a second that I had to second guess his judgment because he was always informative and confident. I recommend him to my closest friends and my family and he is there for us any second of the day. I thank God every single day I met Rick and if you choose him as your council you will too.

There aren’t words that can truly explain the work ethic Rick has for his clients. Rick was my lawyer last year and fought tooth and nail to make sure I received the best possible outcome for my case and I did. I trust this man with my life and to this day he remains my […]

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- Jonathan

*Prospective clients may not obtain the same or similar results.

God Sent…I would trust him with my life.

Words cannot explain what a remarkable attorney he is. During one of the most stressful times in my life, Attorney Rick Mercure was my guiding light. I have never met an attorney that cared so much for their clients. Not only is he an EXCELLENT attorney, I consider him a great friend for what he has done for me and my family. Without going into details about the case, I just want everyone to know that the result he got on my case was better than I ever expected. All the reviews written about him are correct…he is trustworthy, honest, ethical, hard-working, and can be reached at all times. Not once did he fail to respond back to me when I called, text, or emailed him. He truly was a God send to me.

Words cannot explain what a remarkable attorney he is. During one of the most stressful times in my life, Attorney Rick Mercure was my guiding light. I have never met an attorney that cared so much for their clients. Not only is he an EXCELLENT attorney, I consider him a great friend for what he […]

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- Fawn

“*Prospective clients may not obtain the same or similar results.

Rick had my back when I needed someone the most!

In 2012 I chose to be represented by the public defender’s office after I was charged in Gainesville, Florida. After three replacements, I was finally represented by Rick Mercure. This case was lengthy because the previous attorneys who had represented me was re-assigned to different divisions. Mr. Mercure was remarkable in keeping me informed in the progress of my case. He broke down every event for me and made sure I knew what I was facing.

Once we went to trial, Mr. Mercure definitely displayed his knowledge of the laws, court room etiquette, and argument strategy. Needless to say, Mr. Mercure won my case that day. I had a lot riding during that trial and I truly believe if Mr. Mercure hadn’t represented me then I’d be in jail for a crime that I was not guilty of.

Thank you Mr. Mercure.

In 2012 I chose to be represented by the public defender’s office after I was charged in Gainesville, Florida. After three replacements, I was finally represented by Rick Mercure. This case was lengthy because the previous attorneys who had represented me was re-assigned to different divisions. Mr. Mercure was remarkable in keeping me informed in […]

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- Charles

“*Prospective clients may not obtain the same or similar results.

Take It To Trial

When I made one the dumbest decisions in my life, I was left thrown into a public system with lawyers who could care less. After being tossed between two public defenders I finally lucked out and my case was assigned to Rick. We already had an offer of reckless driving but after watching the video and sitting with him he looked at me and said “If you want to take this to trial I’ll be right by your side and I know we have a good case.”. I was so happy because before that moment I thought I would be stuck with another suit who wanted to close a file and move on. Not the case, Rick put the work in and eventually got the State to drop all charges! Look, I don’t know how else to put this, if you have made the mistake of driving under the influence and your scared that no one cares enough to help and get results? Call Rick. I’m a kid from the other side of the tracks and he really looked out for me. No DUI, community service, fines, probation. Nothing. He is a great guy and he actually cares enough about being a great lawyer to understand that his clients are what are important.

Thanks again Rick.

When I made one the dumbest decisions in my life, I was left thrown into a public system with lawyers who could care less. After being tossed between two public defenders I finally lucked out and my case was assigned to Rick. We already had an offer of reckless driving but after watching the video […]

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- Anonymous

“*Prospective clients may not obtain the same or similar results.

Life Saver

When I met Richard he was a public defender with a case load to the moon and back. I always had questions about my case and I had 4 public defenders prior to getting Richard appointed to my case. I could always get in touch with him and he would always contact me to keep me updated. Sometimes we would talk about the case late at night such as 9-10 pm, because he was still in his office working. His work ethic is by far second to none, when you think about a public defender working that hard for his clients it’s unbelievable. For some reason Richard was parting ways with the public defender’s office, so I called him and hired him to represent me in a serious DUI case. Let me tell you right now……..that was the best move I’ve ever made. If you find yourself needing council you would be a fool to pass up on Richard Mercure.

When I met Richard he was a public defender with a case load to the moon and back. I always had questions about my case and I had 4 public defenders prior to getting Richard appointed to my case. I could always get in touch with him and he would always contact me to keep […]

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- Rory

“*Prospective clients may not obtain the same or similar results.

Game Changer/Life Changer

Rick is an amazing attorney, best in my opinion! I had a previous attorney on my case drop the ball. I found Rick and he turned the situation around. He keeps true to his word,he’s honest, and personable. Rick was always one step ahead. I’d call him with a question or concern and he’d already spoken to the opposition. He always kept me informed whether by text, call, or email. I never even got to meet Rick, my case was in a different county than where I was residing and I still feel like he went above and beyond! I was living in North Carolina and forced to stay in Florida to complete my probation. Rick changed my life. He got me home and I can’t thank him enough! I had lost confidence in legal advice, but Rick turned that around. I trust Rick with my life, if you need a Florida attorney he’s your guy! Thank you so much for everything Rick!:)

Rick is an amazing attorney, best in my opinion! I had a previous attorney on my case drop the ball. I found Rick and he turned the situation around. He keeps true to his word,he’s honest, and personable. Rick was always one step ahead. I’d call him with a question or concern and he’d already […]

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- Laura

“*Prospective clients may not obtain the same or similar results.