What is first degree murder in Florida? First Degree Murder is either Premeditated or Felony murder.
- Premeditated murder occurs when a person kills another human being pursuant to a pre-planned act or scheme.
- Felony murder occurs when a person kills another human being while engaged in the commission, or attempted commission, of the following statutorily enumerated felonies, regardless of whether they intended to kill anyone.
- Aggravated abuse of an elderly person or disabled adult
- Aggravated child abuse
- Aggravated stalking
- Aircraft piracy
- Arson
- Burglary
- Carjacking
- Distribution of Controlled Substances
- Escape
- Home-invasion robbery
- Kidnapping
- Murder of another human being
- Resisting Officer with Violence
- Robbery
- Sexual battery
- Terrorism,
- Trafficking in Controlled Substances,
- Unlawful throwing, placing, or discharging of a destructive device or bomb
The crime of First Degree Murder is designated a Capital Offense and only has two possible sentences:
- Death, or
- Life without the possibility of parole.
Prosecutorial Waiver of the Death Penalty
The State has the option to waive the death penalty as a sentencing option and elect to seek just Life in prison.
In those cases in which they waive the death penalty as a sentencing option, a person convicted of First Degree Murder will be sentenced to life in prison without any possibility of parole upon conviction.
Penalty Phase Proceedings
If the State does not waive the imposition of the death penalty and a defendant is convicted of First Degree Murder, the court will then conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death or life imprisonment. This separate proceeding is known as the Penalty Phase.
Defenses to First Degree Murder
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of First Degree Murder are:
Excusable Homicide
The killing of a human being is excusable, and therefore lawful, under any one of the following three circumstances:
- When the killing is committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution and without any unlawful intent, or
- When the killing occurs by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or
- When the killing is committed by accident and misfortune resulting from a sudden combat, if a dangerous weapon is not used and the killing is not done in a cruel or unusual manner.
Justifiable Homicide
The killing of a human being is justifiable homicide and lawful if done while resisting an attempt by someone to kill you or to commit a felony against you.
Self Defense
Also known as the justified use of deadly force, self defense is a defense to the crime of First Degree Murder.
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Related article on the death penalty
http://tangerineflorida.com/2011/07/05/proposed-death-penalty-changes-in-florida/