First degree murder is the most serious crime in any state. In the State
of Florida, it is a capital felony punishable by death.
First degree murder is proven when the State of Florida satisfies the following elements:
1) Victim is dead.
2) The death was caused by the criminal act of defendant.
3) There was a premeditated killing of victim.
The main difference between second degree murder and first degree murder
is the element of premeditation.
Premeditation means that the killing occurs after the defendant consciously
decides to do so. The decision to kill must be present at the time of
The law does not establish a fixed amount of time in which premeditation
must occur. Premeditation can be only a couple of seconds. But it must
be enough time for the defendant to consciously reflect upon the killing.
The question of premeditation is always a question of fact for a jury to
determine. Given the seriousness of the charge, first degree murder cases
almost always go to trial.
First degree murder is always handled by very experienced prosecutors.
Many of these prosecutors handle nothing but homicide cases.
If you are charged with first degree murder, you will likely be held in
custody without a bond.
I am a
criminal defense in Miami-Dade County and Broward County.
If you have a loved one who has been charged with first degree murder,
to discuss the matter confidentially.