First Degree Murder in Florida

FIRST DEGREE MURDER IN FLORIDA – An Insight by an Experienced Orlando Attorney

What are the Elements of First Degree Murder in Florida?

Under Sec. 782.04, Florida Statutes, the elements of First Degree Murder in Florida are:

• A person killed another human being as part of a premeditated design to cause a person’s death; OR
• A person killed another human being while committing or attempting to commit any of the following felonies:
  • Trafficking in a Controlled Substance;
  • Arson;
  • Sexual Battery;
  • Robbery;
  • Burglary;
  • Kidnapping;
  • Escape;
  • Aggravated Child Abuse;
  • Aggravated Abuse of an Elderly Person or Disabled Adult;
  • Aircraft Piracy;
  • Unlawful Throwing, Placing, or Discharging of a Destructive Device or Bomb;
  • Carjacking;
  • Home-invasion robbery;
  • Aggravated Stalking;
  • Murder of Another Human Being;
  • Resisting an Officer with Violence;
  • Aggravated Fleeing or Eluding with Serious Bodily Injury or Death;
  • Act of terrorism or in furtherance of an act of terrorism that is a felony; or
  • Human Trafficking.

If murder is committed as part of a premeditated design, then it is known as Premeditated Murder.

If the murder is committed while engaged in or attempting any of the felonies listed above, then it is known as Felony Murder. Notably, if it was an accomplice that did the actual killing, you (as well as the accomplice) are still charged as if you had killed the victim yourself.

What are the Penalties for First Degree Murder in Florida?

First Degree Murder is a capital felony in Florida, punishable by either the death penalty or life imprisonment without the possibility of parole.

If the State pursues the death penalty, then trial is separated into two distinct “phases.” The first is the “Guilt Phase,” where the State must prove your guilt beyond a reasonable doubt. If you are found guilty, then the trial proceeds to the “Penalty Phase,” where the jury hears evidence to determine whether to recommend that the court either impose the death penalty or sentence you to life imprisonment.

How Can I Fight a Charge of First Degree Murder in Florida?

Self-Defense

Florida has very strong self-defense laws. Enacted in 2005, Florida’s “Stand Your Ground” laws entitle you to defend yourself and other people if you reasonably believe it is necessary to prevent imminent harm. When it comes to deadly force, Sec. 776.013, Florida Statutes, authorizes the use or threat of such force when you reasonably believe it is necessary to protect yourself or another from imminent death or great bodily harm or to prevent the commission of a forcible felony.

These laws also eliminated the “duty of retreat.” Before, someone who was being assaulted was required to try to escape if possible before he or she could resort to self-defense; now, as long as you are in a place in which you have a right to be, you can use the appropriate level of force to protect yourself without trying to escape first.

Excusable Homicide

Not every homicide is a crime—sometimes accidents happen, and sometimes it would be unfair to hold someone criminally responsible for another person’s death. Sec. 782.03, Florida Statutes, describes three types of instances where homicide is considered “excusable”: (1) when the homicide is committed by accident and the defendant was acting lawfully, exercising ordinary caution, and lacking any unlawful intent; (2) when the homicide is committed by accident in the heat of passion, after a sudden and legally sufficient provocation; and (3) when the homicide is committed upon sudden combat and the defendant neither used a dangerous weapon nor acted in a cruel and unusual manner. Note that this relates only to a criminal case, as you may still be sued civilly for causing a wrongful death.

Other Potential Defenses

Here are just a few of the myriad other strategies we can use to challenge the State’s case or prove your innocence:

One of the most common defenses is the motion to suppress, which seeks to exclude evidence that was obtained in violation of your constitutional rights. Another potential defense is the alibi defense, where you provide evidence that you were elsewhere when the alleged crime occurred, making it impossible for you to have committed the crime.

At Leppard Law, we can use these and other strategies to challenge the State’s case or prove your innocence. Our experienced attorneys can take the steps necessary to challenge any restraining orders or charges you may currently face.

FAQs

1. What is the punishment for First Degree Murder in Florida?

First Degree Murder is a capital felony in Florida, punishable by either the death penalty or life imprisonment without the possibility of parole.

2. What constitutes First Degree Murder?

First Degree Murder involves a person who killed another human being as part of a premeditated design to cause a person’s death, or while committing or attempting to commit any of a list of specific felonies.

3. Can I fight a charge of First Degree Murder in Florida?

Yes, there are several defenses available to fight a charge of First Degree Murder in Florida, including demonstrating that the alleged crime served a legitimate purpose or providing an alibi.

4. How can Leppard Law help me with a charge of First Degree Murder?

Leppard Law can help by challenging the State’s case, proving your innocence, or moving to throw out evidence that was obtained in violation of your constitutional rights.

CONTACT Leppard Law: Florida DUI Lawyers & Criminal Defense Attorneys PLLC IMMEDIATELY 

If you have been charged or are facing criminal allegations of first-degree murder, it is without a doubt the most stressful and frightening point in your life. At Leppard Law, our Central Florida criminal defense attorneys are ready to guide you in finding the best defense for your case. We are always ready to answer your queries, help you understand the criminal justice system, and work with you to develop a strong, effective defense strategy and more.

We value your freedom and your rights; these must be protected from the start. We highly encourage you to contact us immediately for a complimentary consultation at 407-476-4111. Contact us today!