Category: Criminal Offenses · Statute: F.S. 782.04(1)(a)2 · Source: Florida Legislature
Understanding Felony Murder in Florida
Under Florida Statute Section 782.04, felony murder is a legal doctrine that holds an individual criminally liable for a death that occurs during the commission, or attempted commission, of certain specified felony offenses. Unlike traditional murder charges, the state does not need to prove that the defendant intended to kill the victim, or even that the defendant was the person who physically caused the death. If a person participates in an inherently dangerous felony—such as robbery, burglary, arson, kidnapping, carjacking, or sexual battery—and a human being dies as a result, all active participants in the underlying felony can be charged with first-degree murder.
Florida law recognizes different degrees of felony murder depending on the defendant's role. First-degree felony murder applies when the defendant is actively engaged in the underlying felony and a death occurs, which is a capital felony carrying a mandatory sentence of life imprisonment without parole or the death penalty. Second-degree felony murder applies when a non-participant (such as a police officer or a homeowner defending their property) kills someone during the crime, and a co-defendant is charged with the death. Because the law transfers the criminal intent of the underlying felony to the homicide, the legal consequences are exceptionally severe regardless of the defendant's personal level of violence.
Bail and Pretrial Release for Felony Murder
Because first-degree felony murder is a capital offense in Florida, defendants are not entitled to a standard bail bond. Under Article I, Section 14 of the Florida Constitution, individuals charged with capital offenses or offenses punishable by life imprisonment may be held without bail if the "proof is evident or the presumption great" that the defendant committed the crime. To secure pretrial release, a defense attorney must request an Arthur hearing, where the judge determines whether the state's evidence meets this high threshold before deciding whether to set a discretionary bond.
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