Understanding Florida’s Felony Murder Rule
In the State of Florida, you can be charged with murder without having killed anyone at all. Florida law holds individuals responsible for deaths that occur during the commission of various crimes. This remains true even if the defendant didn’t directly cause the death or never intended to hurt anyone. Certain dangerous crimes increase the risk that someone could die. Those who commit such crimes can be charged with murder. In this article, the Tallahassee criminal defense attorneys at Luke Newman, P.A. will discuss Florida’s felony murder rule and how it applies to criminal cases.
Understanding the terms “homicide”, “murder”, and “manslaughter”
Before we get into the definition of felony murder, it’s important to understand how deaths are treated under the law. This requires that we define some terms:
- Homicide – This is a general term that refers to the killing of one person by another. Homicide is not necessarily illegal. You can “homicide” someone in self-defense. Vehicular homicide, for example, is illegal, but doesn’t require the defendant to have intended to harm anyone (necessarily).
- Murder – Murder is an unlawful homicide that involves intentionally killing a victim or showing a reckless disregard for human life. Murders do not necessarily have to be premeditated.
- Manslaughter – Manslaughter is an unlawful killing that does not involve intent to kill or extreme recklessness.
- Felony murder – Felony murder does not require the prosecution to show intent to kill. Instead, it’s based upon a death that occurs during the commission of certain felonies.
First- and second-degree felony murder in Florida
Felony murder can be charged as either first- or second-degree murder depending on the circumstances of what happened.
- First-degree felony murder – Florida Statute 782.04(1)(a) dictates which felonies can trigger a conviction for felony murder. In other words, if someone dies during the commission of these felonies, the suspect can be charged with murder. Felonies that trigger a felony murder charge include: drug trafficking, arson, sexual battery, robbery, burglary, kidnapping, and aggravated child abuse. First-degree felony murder carries a mandatory minimum prison sentence of life in prison without the possibility of parole. Prosecutors can seek the death penalty in a felony murder case.
- Second-degree felony murder – Second-degree felony murder includes any felony that was not listed in the statute for first-degree felony murder. If a death occurs during the commission of a felony, the suspect can be charged with second-degree felony murder. Anyone convicted of second-degree felony murder can face a mandatory minimum prison sentence of 16.75 years behind bars. A suspect facing this charge could be sentenced to life in prison. Those convicted of this crime are generally not eligible for parole.
Talk to a Tallahassee, Florida Criminal Defense Lawyer Today
Luke Newman, P.A., represents the interests of those charged with serious crimes like felony murder. Call our Tallahassee criminal lawyers today to schedule an appointment, and we can begin preparing your defense right away.
