The felony murder rule is one of the oldest and arguably most unfair of the common law crimes. Under this rule, someone can face charges of first-degree murder or second-degree murder if anyone dies during the commission of a felony, including unintentional deaths.
Florida law incorporates the felony murder rule. This rule means you can face a lengthy prison sentence or even life imprisonment if you are convicted of felony murder in Florida.
Felony Murder Charge: Can a Person Be Charged if They Did Not Commit the Murder?
Murder is usually defined in the common law as the unjustified killing of another person with “malice aforethought,” which is an outdated term roughly equivalent to premeditation. Thus, under the common law today, a murder charge requires proof of premeditation.
However, both the common law and Florida law have an important exception called the felony murder rule. Under this rule, the law presumes that the accused understood and accepted the risk that someone could die while committing a felony.
In other words, they may not have planned the death, but they knew it could happen as a result of their actions.
In practice, this means that any death that occurs while committing a felony could result in a murder charge. The application of this rule is harsh because it covers unintentional deaths.
For example, suppose that you are accused of carjacking in which the driver was hit by a car after you allegedly pulled them from their vehicle. You could face murder charges under the felony murder laws in Florida.
Felony murder can apply to deaths caused by accomplices outside of your control. Thus, prosecutors could charge you with murder if your accomplice shoved the victim, who fell, hit their head, and died.
It can even cover a death that only resulted from natural causes triggered by the alleged felony. The classic example is the store clerk who has a heart attack during an armed robbery.
Florida’s statutes allow prosecutors to pursue felony murder charges in any of these cases.
Understanding Felony Murder in Florida
Florida law covers the following three levels of felony murder.
First-Degree Felony Murder
First-degree felony murder is a capital felony. These charges are the most serious in the Florida criminal code. If convicted of capital murder, a defendant could face the death penalty or life imprisonment.
First-degree felony murder in Florida happens when a person kills someone else while perpetrating or attempting to perpetrate certain felonies, including:
- Murder
- Arson
- Kidnapping
- Robbery, home invasion, and carjacking
- Burglary
- Sexual battery
- Aggravated abuse of a child, senior, or disabled adult
- Aggravated stalking
- Resisting an officer with violence
- Escape
- Aggravated eluding or fleeing causing serious bodily injury or death
- Human trafficking
- Drug trafficking
- Terrorism or a felony in furtherance of terrorism
- Unlawful use of a destructive device or bomb
- Aircraft piracy
These charges are usually reserved for the most egregious cases. For example, suppose someone mails a bomb to the intended victim but it explodes in the post office, killing a worker.
The prosecution wants a tool to pursue murder charges even though the death of the worker was not premeditated. They can use the capital felony murder laws in Florida to file a murder charge.
Second-Degree Felony Murder
Second-degree felony murder happens when a human being is killed while perpetrating or attempting to perpetrate a dangerous felony. This provision differs from first-degree felony murder in a few respects.
First, the list of felonies is shorter. Human trafficking is not an underlying felony for second-degree felony murder the way it is for first-degree felony murder.
Second, this charge is used when the killing is caused by someone other than the person charged with the underlying felony.
In many cases, this charge is used for accomplices who participated in the felony but were not responsible for the killing. These charges still require an intentional killing, but the intent is inferred from the person’s participation in an inherently dangerous underlying felony.
Third, the prosecution can use this charge when an accomplice is killed during a felony. In other words, if a person dies while committing a felony, the accomplices might be facing felony murder charges for their co-felon’s death.
This scenario might occur when the victim of an armed robbery fights back and kills one of the robbers in self-defense. The other robbers can be charged with second-degree felony murder.
Third-Degree Felony Murder
Third-degree felony murder is the least serious of the felony murder charges. This law again shortens the list of felonies to which the charge applies. Specifically, it covers any felonies other than those designated under first-degree felony murder.
Deaths that occur during any of these offenses must be charged as either first-degree felony murder or second-degree felony murder, and those that arise under other circumstances would be third-degree felony murder.
Moreover, these charges only apply when a death occurred unintentionally. Specifically, the accused must have committed or attempted to commit the felony without the “design” to cause death.
For example, suppose prosecutors accuse you of auto theft. If you hit and killed a pedestrian while driving the stolen car, they might pursue third-degree felony murder charges.
Penalties for Felony Murder
The penalties for felony murder depend on the level of the criminal charge as well as any aggravating circumstances found by the court during sentencing.
First-Degree Felony Murder Punishment
People convicted of first-degree felony murder face the most severe penalties. They can be sentenced to life in prison or the death penalty.
Second-Degree Felony Murder Punishment
Second-degree felony murder convictions also carry severe penalties. Confusingly, second-degree felony murder is a first-degree felony. A court could sentence the offender to prison for up to 30 years.
However, if the offender is deemed a habitual offender under Florida law, the court must impose a mandatory minimum sentence of 15 years.
Third-Degree Felony Murder Punishment
Third-degree felony murder is sentenced as a second-degree felony and also carries a lengthy prison sentence. Under Florida law, this charge could result in up to 15 years in prison with a mandatory minimum sentence of 10 years for habitual offenders.
Bear in mind that this sentence will be imposed on top of any sentence for the felony.
Defenses Against Felony Murder Charges
Felony murder in Florida can result in harsh penalties, but you have defenses you can raise against this charge. A skilled attorney can review your situation and identify the facts and evidence that might persuade a prosecutor to dismiss the charges or agree to a plea deal.
If you cannot get a fair resolution from the prosecution, your lawyer can present your defense to a jury. Several possible defenses may be appropriate for your case.
No Underlying Felony
Prosecutors can only pursue felony murder if there is an underlying felony. Your attorney can fight the felony charge and, if successful, defeat the felony murder case as well.
Keep in mind, however, that prosecutors might find another way of holding you responsible for the death. For example, they might pursue involuntary manslaughter charges if your attorney establishes that you did not perpetrate or attempt to perpetrate a felony.
Alibi
You might not have been involved in the alleged crime at all. Mistaken identity or false accusations might result in charges for someone’s death when you had no involvement in the crime. Aggressive legal representation can identify and present evidence that you were not present at the crime scene and provided no assistance to the perpetrators.
No Causal Link
Felony murder laws in Florida are broad. However, they still require some link between the perpetration of certain felonies listed in the statute and the death. If your lawyer can prove that the death was not linked to the crime, prosecutors can pursue charges for only the felony and not the death.
For example, suppose someone witnessing the crime was inattentive and crashed their car. Your lawyer might prove that the victim’s inattentive driving — and not the commission of the felony — resulted in the driver’s death.
Next Steps: Securing Your Defense
The felony murder rule is a blunt instrument that can result in the death penalty, life in prison, or a lengthy prison term. Fortunately, you have defenses against felony murder in Florida.
By seeking immediate legal assistance, your lawyer can craft a defense strategy to help you fight for your freedom and future against this serious criminal charge.
