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Safeguard Your Future With an Experienced Florida Felony Murder Defense Lawyer
Felony murder is a serious criminal charge, and it can have life-altering consequences. Florida law holds individuals responsible for deaths that happen during the commission of certain crimes, even if it didn’t directly cause or intend the death. The person committing the underlying felony, like arson or burglary, can be charged with murder. Certain dangerous crimes carry an inherent risk of death, and so those who commit these crimes are accountable for any resulting loss of life.
What’s the Difference Between Homicide, Murder, and Manslaughter?
Before discussing the specifics of felony murder, it's important to understand how it relates to other charges involving loss of life:
- Homicide. This broad term refers to the killing of one person by another. It can be lawful (such as in cases of self-defense) or unlawful.
- Murder. This is a type of unlawful homicide that involves intentionally killing someone or showing a reckless disregard for human life. Murder may or may not be premeditated.
- Manslaughter. This criminal charge applies to unlawful killings that don't involve extreme recklessness or the intent to kill. Manslaughter is generally considered less severe than murder.
- Felony murder. This falls under the murder category but doesn't require the intent to kill. Instead, it's based on a death that occurs during the commission of certain felonies.
First-Degree vs. Second-Degree Felony Murder in Florida
In Florida, felony murder can be charged as either first-degree or second-degree murder. It depends on the circumstances of what happened.
First-Degree Felony Murder
First-degree felony murder charges apply when a death occurs during the commission of specific felonies. These are listed in Florida Statute 782.04(1)(a)2. Examples include drug trafficking, arson, sexual battery, robbery, burglary, kidnapping, and aggravated child abuse. First-degree felony murder is the more serious of the two charges.
First-degree felony murder in Florida carries a mandatory minimum sentence of life in prison without the possibility of parole. In some cases, prosecutors may seek the death penalty by lethal injection or electric chair.
Second-Degree Felony Murder
Second-degree felony murder covers all other felonies that are not listed in the first-degree statute. If a death occurs during any other felony, the individual may be charged with second-degree felony murder. While this is generally considered less severe than a first-degree charge, it still carries severe penalties.
A person convicted of second-degree felony murder faces a mandatory minimum sentence of 16.75 years in prison. There is a possibility of up to life imprisonment. As with first-degree charges, those convicted of second-degree felony murder are typically not eligible for parole either.
Additional Consequences
Both criminal charges also carry other consequences. Upon conviction, the perpetrator may face hefty fines, a loss of voting rights, and increased difficulty finding employment or housing after release.
Defending Against Felony Murder Charges
If you're facing felony murder charges in Florida, our Fort Walton Beach criminal defense lawyers can explore a number of possible defense strategies.
- Challenging the underlying felony. If your attorney can prove you weren't committing the alleged felony, the felony murder charge cannot stand.
- Lack of causation. Your lawyer may argue that the death wasn't a foreseeable result of the felony.
- Withdrawal from the felony. In some cases, it may be possible to show that you had abandoned the felony before the death occurred.
- Constitutional violations. If your rights were violated during the arrest or investigation, certain evidence may be inadmissible.
- Mistaken identity or alibi. Your attorney might present evidence showing you weren't present when the crime occurred.
- Reduced charges. Some circumstances may allow you to negotiate for a lesser charge, like if you acted in self-defense or there was a clear lack of intent.
Legal Representation for Your Florida Felony Murder Case
Facing felony murder charges in Florida is a serious situation that requires immediate legal assistance. At Flaherty & Merrifield, our experienced Fort Walton Beach murder defense attorneys thoroughly understand Florida law and can provide the robust defense you need.
We'll carefully examine the details of your case, identify potential defenses, and work tirelessly to protect your rights throughout the legal process. Past clients speak highly of our professionalism, communication, and effectiveness in the courtroom. Don't face these severe charges alone.
