What Is “Felony Murder” in Florida?

Murder is usually defined as the unlawful, premeditated killing of another human being. For example, if you fire a gun at someone with the intent of killing them, and they die as a result of that shooting, you commit murder. The victim’s death was the objective of the crime.

Defending Against Felony Murder Charges in Florida

But under Florida law, it is also murder when the victim’s death occurs “in the perpetration of, or in the attempt to perpetrate” another felony. This is known as felony murder.

Say you walk into a liquor store intending to commit a robbery. You pull a gun on the clerk and demand all the cash in the register. You never intended to fire the gun, but the clerk tries to grab your gun and, in the scuffle, the weapon discharges and kills the clerk. The state can still charge you with murder, because the clerk dies while you were attempting to commit felony robbery.

As far as the law is concerned, there is no difference between a murder where you intended to kill the victim and felony murder. With felony murder, the state does not have to prove intent to kill. The prosecution need only prove that (1) you committed or attempted to commit the predicate felony and (2) the victim died as a result.

So how can you defend against a Florida felony murder charge? Obviously, every case is different and relies on its own specific facts. But here are a few general strategies that Miami homicide defense attorneys employ in these types of cases:

• Challenging the Predicate Felony: A person cannot be found guilty of felony murder if they are acquitted of the underlying predicate felony. In other words, if prosecutors argue an armed robbery led to the victim’s death, they have to first prove the defendant committed the armed robbery.
• Self-Defense and Stand Your Ground Immunity: In any murder case, the defendant may argue they were acting in defense of themselves or others. Florida’s “Stand Your Ground” law provides immunity from prosecution if the defendant can make a pre-trial showing they acted in self-defense.
• Suppression of Illegal Evidence: In any criminal prosecution, the defense can raise constitutional challenges to the evidence presented, such as an illegal search under the Fourth Amendment or a coerced confession under the Fifth Amendment.

What Are the Penalties for Felony Murder in Florida?

Felony murder is punished largely the same as murder with intent to kill. Most types of felony murder are classified as a first-degree murder in Florida as well as a capital felony. This means that if convicted, a felony murder defendant could face the death penalty or, as an alternative, life in prison.

So if you are facing a felony murder charge, it is no exaggeration to say your own life is on the line. You need to work with an experienced Miami murder and homicide attorney who understands how to handle these complex cases. Call AsiliA Law Firm today at 786-420-3014 or contact us online to schedule an initial consultation.