Murder Laws in Florida

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    First Degree Murder

    • According to Statute 782.04 ("Murder"), Florida defines first-degree murder as an act "perpetrated from a premeditated design to effect the death of the person or any human being." The charge may also be applied to a person who is engaged in the perpetration of arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, narcotics trafficking, and numerous other felonies during which a person is killed. So, if a criminal robs a bank and kills a security guard during the act, he will be charged with first-degree murder. This act is a capital offense in Florida.

    Second Degree Murder

    • Florida state law defines second-degree murder as a killing that "evinces a depraved mind regardless of human life" but "without any premeditated design to effect the death of any particular individual." Also, if you commit a felony in which someone dies but you are not directly responsible for the victim's death, Florida law may still prosecute you for second-degree murder. For example, if two men rob a bank and one of them kills a security guard, the other one will be charged with second-degree murder even though he did not pull the trigger. Florida law allows for this act to be punished by life imprisonment.

    Third Degree Murder

    • Like second-degree murder, third-degree murder is also an unintentional killing, according to Florida law. The crime is defined by the circumstances in which it occurs. Murders that do not involve felonies such as robbery, burglary, kidnapping and other heinous crimes may be considered to be third-degree offenses. For example, possession of a firearm by a convicted felon is a second degree felony in Florida. If that felon accidentally shoots and kills someone while cleaning his illegally-owned gun, he could be charged with third-degree murder.

    Justifiable Force

    • In rare instances, Florida allows for the killing of others in self-defense. Under Statute 776.013, if someone unlawfully enters your dwelling and you possess "a reasonable fear of imminent peril or death," lethal force may be justified. This law does not apply to situations in which a law enforcement agent attempts to enter a dwelling as part of his official duties.

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