Under Florida Statute section 782.04, the crime of felony murder is defined. Now, that seemingly doesn't make sense. After all, isn't
murder a felony?
Felony murder is a murder committed during the commission of a felony.
First-degree felony murder occurs when somebody intentionally and with premeditation, causes the death of another person while that person (the alleged perpetrator) is engaged in the perpetration of, or in the attempt to perpetrate, any:
b. Arson,
g. Escape,
i. Aggravated abuse of an elderly person or disabled adult,
j. Aircraft piracy,
k. Unlawful throwing, placing, or discharging of a destructive device or bomb,
o. Murder of another human being,
q. Felony that is an act of terrorism or is in furtherance of an act of terrorism; or which resulted from the unlawful distribution of any substance controlled under s. 893.03(1),
cocaine as described in s. 893.03(2)(a)4., or opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user, is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082.
The maximum punishment for first-degree felony murder is death by lethal injection.
For second-degree felony murder, there must be an unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, and that person is killed in the perpetration of, or in the attempt to perpetrate, any:
(a) Trafficking offense,
(b) Arson,
(c) Sexual battery,
(d) Robbery,
(e) Burglary,
(f) Kidnapping,
(g) Escape,
(h) Aggravated child abuse,
(i) Aggravated abuse of an elderly person or disabled adult,
(j) Aircraft piracy,
(k) Unlawful throwing, placing, or discharging of a destructive device or bomb,
(l) Carjacking,
(m) Home-invasion robbery,
(n) Aggravated stalking,
(o) Murder of another human being,
(p) Resisting an officer with violence to his or her person, or
(q) Felony that is an act of terrorism or is in furtherance of an act of terrorism, by a person other than the person engaged in the perpetration of or in the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony is guilty of murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
Second-degree felony murder is punishable by a maximum of life in prison.
In other words, second-degree felony murder does not require premeditation. Also, if two co-defendants commit a felony described above, and one of the co-defendants dies during the commission of the crime, the surviving co-defendant can be charged with the murder.
Third-degree felony murder requires the unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than any:
(a) Trafficking offense,
(b) Arson,
(c) Sexual battery,
(d) Robbery,
(e) Burglary,
(f) Kidnapping,
(g) Escape,
(h) Aggravated child abuse,
(i) Aggravated abuse of an elderly person or disabled adult,
(j) Aircraft piracy,
(k) Unlawful throwing, placing, or discharging of a destructive device or bomb,
(l) Unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user,
(m) Carjacking,
(n) Home-invasion robbery,
(o) Aggravated stalking,
(p) Murder of another human being,
(q) Resisting an officer with violence to his or her person, or
(r) Felony that is an act of terrorism or is in furtherance of an act of terrorism,
Felony murder in the third-degree constitutes a felony of the second degree, punishable by a maximum of 15 years in state prison.
Murder is obviously the most serious charge that any person can face. Only the most experienced prosecutors handle these types of cases.
I practice
criminal defense in Miami-Dade County and Broward County and defend clients charged with murder.
If a loved one has been charged with murder,
call me to schedule a confidential consultation. When murder charges are on the table, the life of the accused is always at stake.