Former Sarasota Prosecutor. First Stand Your Ground Murder Dismissal in Sarasota County.
A murder charge in Florida carries consequences ranging from 15 years in prison to life without parole to the death penalty. The attorney you hire now determines how the state’s case is challenged, whether a pretrial immunity motion is viable, and what your realistic options are before trial begins. We have handled these cases from both sides of the courtroom.
Eric Reisinger served as an Assistant State Attorney in Sarasota, prosecuting murder and felony cases at the Sarasota State Attorney’s Office. He was the first attorney in Sarasota County to successfully argue a motion for immunity on a murder case under Florida’s Stand Your Ground law, resulting in his client’s second-degree murder charge being dismissed. That result came directly from his understanding of how the state builds these cases and where its arguments are most vulnerable.
If you or a loved one is facing a murder charge in Sarasota or Arcadia, call our firm today at (941) 541-5335 and schedule a free consultation. Our Sarasota murder defense attorneys are ready to help.
Florida Murder & Manslaughter Charges Explained
Homicide is the unlawful taking of another person’s life, and Florida law divides it into several distinct charge categories, each with its own elements, penalties, and available defenses. The difference between a first-degree murder charge and a manslaughter charge can mean the difference between a death sentence and a 15-year maximum. Where your charge falls matters from the first day of representation.
Florida murder and manslaughter charges break down as follows:
First-degree premeditated murder – A planned, deliberate killing. This is a capital felony, punishable by life imprisonment without parole or the death penalty.
First-degree felony murder – A death occurring during the commission of a qualifying felony. All participants in the underlying felony may be charged regardless of who caused the death. Also a capital felony.
Second-degree murder – A killing without premeditation but with a depraved indifference to human life. A first-degree felony carrying a potential life sentence and a maximum fine of $10,000.
Second-degree accomplice felony murder – Acting as an accomplice when another participant causes a death during a felony. A first-degree felony carrying the same penalties.
Third-degree murder – A death occurring during the commission of a non-violent felony. A second-degree felony with a maximum 15-year sentence and a fine up to $10,000.
Manslaughter by act – An intentional act that caused another person’s death. A second-degree felony.
Manslaughter by procurement – Encouraging or persuading someone to perform an act that led to another person’s death. A second-degree felony.
Manslaughter by culpable negligence – A culpably negligent act that caused death. A second-degree felony.
Penalties of a Murder Conviction in Florida
With over two decades of experience, we understand what these outcomes mean for a person’s life. A murder conviction doesn’t end when a sentence is imposed. The consequences follow indefinitely.
Capital Punishment: First-degree murder is a capital felony. If the state seeks the death penalty and a jury recommends it, a defendant can face execution by lethal injection or electric chair.
Life Without Parole: Most first-degree and many second-degree murder convictions carry a mandatory sentence of life in prison without the possibility of parole.
The 10-20-Life Statute: Under Fla. Stat. § 775.087, if a firearm was discharged and caused a death during the commission of a felony, the court must impose a mandatory minimum of 25 years to life.
Loss of Civil Rights: A felony conviction results in the permanent loss of the right to vote, serve on a jury, and possess a firearm. For murder convictions specifically, voting rights aren’t automatically restored upon completing a sentence and require individual clemency through the Florida Board of Executive Clemency.
Restitution: Victims’ families may seek civil judgments and court-ordered restitution that can follow a person for the rest of their life.
Pre-Trial Reputational Harm: Even before a verdict, media scrutiny and public attention can cause lasting damage to the accused and their family. Protecting your reputation can start at the first call.
Florida’s Stand Your Ground Law as a Murder Defense
Florida Statutes 776.012 and 776.032 provide that a person who uses force in lawful self-defense is immune from criminal prosecution and civil action. There is no duty to retreat. When Stand Your Ground applies to a murder or manslaughter charge, the defense can file a pretrial immunity motion. If the judge grants it, the charge is dismissed before trial ever begins.
How a Stand Your Ground Hearing Works
Once the defense raises immunity, the burden shifts to the prosecution, which must prove by clear and convincing evidence that the use of force was not justified. That is a high threshold, and it places pressure on the state to produce its evidence at a stage when its investigation may still have gaps.
Our Documented Result in Sarasota County
Eric Reisinger was the first attorney in Sarasota County to successfully argue a motion for immunity on a murder case under Florida’s Stand Your Ground law. His client’s second-degree murder charge was dismissed. That result came from the same prosecutorial background that shapes how we assess every self-defense case: we know how the Sarasota State Attorney’s Office evaluates reasonable fear arguments because he built those arguments himself. We handle the full motion practice from investigating the initial confrontation through the pretrial immunity hearing. If immunity is denied, self-defense remains a trial argument, and we are prepared for that as well.
How We Defend Murder Cases in Sarasota
We don’t wait for the state to make a move. From the first day of representation, we work to understand what the prosecution has, identify where it is weakest, and build the strategy most likely to produce a favorable result for the specific facts of the case.
Our approach includes:
Forensic Reconstruction: We work with private investigators and retired law enforcement to reconstruct the crime scene. Physical evidence often tells a different story than the one in the police report, and we move early before evidence degrades and witness memories fade.
Challenging Forensic Science: We scrutinize the state’s DNA analysis, fingerprinting, and ballistics testing for any risk of contamination or human error.
Mental Health and Mitigation: We investigate every viable mitigating factor, including trauma, mental health history, and the absence of prior criminal conduct, to present the most complete picture of who our client is.
Prosecutorial Insight in Plea Negotiation: Eric Reisinger’s background as a former criminal defense and prosecution attorney means he understands how the state prepares its case internally. That knowledge directly informs how we negotiate for charge reductions to lesser offenses such as manslaughter when full dismissal isn’t achievable.
Trial Preparation: When a case goes to trial, our preparation includes witness strategy, expert consultation, and evidence review calibrated to the Twelfth Judicial Circuit’s procedures and the judges who can hear the case.
Contact Our Sarasota Murder Defense Attorneys for a Free Consultation
Whatever murder or manslaughter charge you face, you need a former prosecutor who has worked these cases from both sides to fight for you. Reach out now to request a free consultation and learn what your options are.
Remain calm and say nothing to law enforcement without an attorney present. Don’t try to explain yourself or correct the record on your own. Contact our firm immediately. We can guide you through interactions with police and prosecutors from that point forward and begin a thorough review of the circumstances right away.
Should I Speak to Police If I Believe I Am Innocent?
No. Even truthful statements can be taken out of context, misinterpreted, or used to build a narrative that works against you. The right to remain silent applies regardless of guilt or innocence, and invoking it isn’t an admission of anything. Say nothing until you have spoken with a murder defense attorney.
Can I Get Bail If Charged with Murder in Florida?
Bail eligibility depends on the severity of the charge and the individual circumstances of the accused. Florida law permits bail for some murder charges, but courts can deny it when they find a significant flight risk or danger to the community. At bail hearings, we work to demonstrate community ties, character, and other stabilizing factors to pursue the most favorable conditions the law allows.
What Are the Possible Defenses to Murder Charges?
Florida law recognizes several defenses depending on the facts of the case. Stand Your Ground immunity, traditional self-defense, lack of intent, insanity, mistaken identity, and alibi are all possibilities. At Law Offices of Eric Reisinger, PA, we assess each defense against the evidence and the specific charge, focusing on the strongest argument available rather than applying a generic strategy.
How Does Sarasota’s Legal Environment Affect My Case?
Familiarity with the Twelfth Judicial Circuit’s judges, prosecutors, and courtroom procedures shapes how we build a defense and approach negotiations. Local knowledge influences everything from pretrial motion strategy to jury selection preparation. An attorney who has worked within this system as a former Sarasota prosecutor brings insight that goes well beyond legal knowledge alone.
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
Not Guilty Verdict2016 CF 004875 NC – Life Felony Second Degree Murder
Not Guilty Verdict2017 CF 000169 – Life Felony Armed Robbery
Successful Resolution2017 CF 002479 AX – 15 Counts of Possession of Child Pornography
Not Guilty Verdict2017 MM 11498 – Misdemeanor Battery and Misdemeanor Sex Offense -Unnatural and Lascivious Act
Case Dismissed2018 CF 000323 – Two Counts Felony Battery on a Person 65 or Older
Case Dismissed2018 CF 002675 AX–Felony Battery on a Person 65 or Older
When you hire the Law Offices of Eric Reisinger, PA to defend you on a criminal charge, we will conduct a full investigation of the circumstances leading to your arrest. As a former prosecutor at the State Attorney’s Office, Attorney Reisinger has in-depth knowledge and understanding of how the state prepares and presents its cases.
