Understanding Felony Murder Charges in Florida
Felony murder is a controversial rule that allows state prosecutors to file murder charges against an individual even if they didn’t intend to kill anyone. The rule can be found in Florida Statutes § 782.04. Essentially, the rule allows prosecutors to charge an individual with murder if someone is killed during the commission of certain felonies, even if that person didn’t intend to kill anyone at all or directly cause the victim’s death. The rule effectively broadens the scope of a defendant’s liability, holding individuals responsible for deaths that happen as a consequence of their involvement in inherently dangerous felonies.
What constitutes felony murder in Florida?
To qualify for prosecution, a felony murder allegation must meet certain criteria. These include:
- Death occurs during a felony – A person can be found guilty of felony murder if a death occurs during the commission or attempted commission of a specific felony.
- Lack of intent to kill – The prosecution does not need to prove that the defendant intended to kill the victim. They only need to prove that the defendant intended to commit the underlying penalty.
- Co-felon responsibility – All individuals involved in the specific felony can be charged with the murder of an individual who died during its commission.
What felonies trigger a felony murder indictment?
The following felonies are among those that will trigger a felony murder prosecution in the State of Florida:
- Drug trafficking
- Arson
- Sexual battery
- Robbery or home invasion robbery
- Burglary
- Kidnapping
- Escape
- Aggravated abuse of a child, elderly person, or disabled adult
- Aircraft piracy
- Unlawful throwing, placing, or discharging of a destructive device or bomb
- Carjacking
- Aggravated stalking
- Resisting an officer with violence to his or her person
- Felonious acts of terrorism or in furtherance of an act of terrorism
- Unlawful distribution of certain controlled substances that leads to the death of the user
- Human trafficking
First-degree versus second-degree felony murder
In Florida, a defendant can be charged with either first-degree or second-degree felony murder, depending on the circumstances.
- First-degree felony murder – First-degree felony murder applies when the death occurs during the commission of the more serious felonies that are listed in the Florida statute. Anyone charged with first-degree felony murder must be sentenced to a mandatory minimum of life in prison without the possibility of parole. In some cases, prosecutors can seek the death penalty.
- Second-degree felony murder – Second-degree felony murder applies when a death occurs during the commission of a felony not listed in the first-degree statute, and the defendant is not a participant in the felony. Anyone convicted on this charge would face a mandatory minimum sentence of 16.75 years and a maximum sentence of life in prison.
Talk to a Tallahassee Criminal Defense Lawyer Today
If you’re facing serious charges, call the Tallahassee criminal defense lawyers at Luke Newman, P.A. We can help you defend yourself against the charges and produce a result that you can live with.
Source:
m.flsenate.gov/statutes/782.04
