Murder in Florida law

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Murder in Florida law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Florida.

Contents

The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate slightly above the median for the entire country. [1]

Definitions

First-degree murder

In Florida, a person is guilty of first-degree murder when it is perpetrated from a premeditated design to result in the death of a human being. A person is also guilty of first-degree murder if they cause the death of any individual during the commission of a predicate felony regardless of actual intent or premeditation, called felony murder. This offense is categorized as capital offense, so if convicted, the offender could possibly receive the death penalty. [2] [3]

Felony murder rule

In the state of Florida, the common law felony murder rule has been codified in Florida Statutes § 782.04. [4] However, there is no specific guideline when it comes to scoring points for sentencing under the felony murder rule.

The predicate felonies that will support a charge of first degree murder under the statute are: [5] [6]

Second-degree murder

Second-degree murder is defined as either the killing of another human being during the commission of a second-degree felony, or through an act that is imminently dangerous to human life demonstrating a depraved mind. Also, if the defendant was involved in the commission of a predicate felony, but the homicide was perpetrated by another co-felon, the defendant can be charged with second degree murder. [7]

Third-degree murder

Third-degree murder is defined as the unintentional killing of a human being during the commission or attempted commission of a non-violent felony. [7]

Attempted felony murder

Florida also recognizes the offense of attempted felony murder, codified in F.S. § 782.051. The offense punishes those that act in a way that can kill another person during the commission of one of the predicate felonies. [4]

Penalties

Source: [8]

OffenseMandatory sentencing
Manslaughter
  • Maximum of 15 years in prison/probation if a firearm is not used
  • Maximum of 30 years in prison/probation if a firearm is used
Third-degree murder10+1⁄3 to 15 years in prison/probation
Aggravated manslaughter of a child
  • Maximum of 30 years in prison/probation if a firearm is not used
  • Maximum of life-without-parole if a firearm is used
Second-degree murder
  • Minimum of 10 years in prison/probation if a firearm is not used
  • Minimum of 25 years in prison/probation if a firearm is used

For adults:
Maximum of life-without-parole
For juveniles:
Maximum of life-with-parole after 15 or 25 years [9]

First-degree murder For adults:
Death or life imprisonment without the possibility of parole
For juveniles:
  • Minimum of 40 years in prison/probation
  • Maximum of life-with-parole after 15 or 25 years if the juvenile was not convicted of any earlier violent crimes
  • Maximum of life-without-parole if the juvenile had been convicted of any earlier violent crimes and the murder was intentional [9]

If a person committing a predicate felony directly contributed to the death of the victim then the person will be charged with murder in the first degree - felony murder which is a capital felony. The only two sentences available for that statute are life-without-parole and the death penalty. [7] [10]

If a person commits a predicate felony, but was not the direct contributor to the death of the victim then the person will be charged with murder in the second degree - felony murder which is a felony of the first degree. The maximum prison term is life-without-parole, and the minimum term is 10 years. [7] [10]

For juvenile offenders tried as adults, the standard maximum sentence for first- and second-degree murder is life-with-parole after 15 years if the death was unintentional, and 25 years of the death was intentional. The exception to this is for first-degree murders in which the death was intentional and the juvenile offender already had been convicted of a previous violent crime, in which case the juvenile can be sentenced to life-without-parole. The minimum sentence for first-degree murder for juveniles is 40 years. [9]

See also

Related Research Articles

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Murder in Colorado law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Colorado.

Murder in Michigan law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Michigan.

Murder in Wisconsin law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Wisconsin.

<span class="mw-page-title-main">Murder in California law</span>

The law on the crime of murder in the U.S. state of California is defined by sections 187 through 191 of the California Penal Code.

Murder in Delaware law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Delaware.

Murder in Illinois law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Illinois.

Murder in Minnesota law constitutes the killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Minnesota.

Murder in Missouri law constitutes the killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Missouri.

References

  1. ↑ "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
  2. ↑ "Florida Statutes, Sec. 782.04. Murder". Florida Senate. Retrieved September 10, 2017.
  3. ↑ "Florida Statutes, Sec. 775.082. Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison". Florida Senate. Retrieved September 10, 2017.
  4. 1 2 McCarthy, K.E. Felony Murder. Connecticut General Assembly Office of Legislative Research.
  5. ↑ The Florida Statutes. Official Internet Site of the Florida Legislature.
  6. ↑ "FL statutes for murder". FL Senate.
  7. 1 2 3 4 The Florida Statutes.
  8. ↑ "782.04(2)". Florida legislature.
  9. 1 2 3 "Juvenile Sentencing".
  10. 1 2 "FL sentencing guidelines". FL Senate.
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