Understanding Felony Murder in Fort Lauderdale

Typically, murder in Fort Lauderdale is defined as the premeditated and unlawful killing of another person. For example, if you aim a firearm at someone and they die as a result, this is considered murder because the death of the victim was the objective. State law outlines many different types of murder, including felony murder. Felony murder is largely misunderstood by many people, though. Below, our Fort Lauderdale homicide lawyer explains this offense in further detail.

Defining Felony Murder in Fort Lauderdale

Florida law defines felony murder as a death that occurs during the commission of a felony, or when a person is attempting to commit a felony. For example, a person may enter a convenience store and tell the clerk to give them the money in the cash register while pointing a gun at them. The clerk may try to grab the gun, causing it to discharge and kill the clerk. The person can still be charged with felony murder because the clerk lost their life during the commission of a felony.

When pursuing a conviction for felony murder, the prosecution does not have to prove the defendant had the intent to kill. Instead, they must only prove that someone committed, or attempted to commit, a felony and that as a result, another person died.

The penalties for felony murder are harsh in Florida. Fortunately, there are defenses available.

Defenses to Felony Murder

While facing charges of felony murder is very stressful, the situation is not hopeless. There are many defenses to felony murder and they are as follows:

• Challenging the felony: You cannot be convicted of felony murder if you are acquitted of the underlying felony. Felony murder requires the prosecution to show that the death happened during the commission of a felony, or while someone was attempting to commit a felony.
• Self-defense: Self-defense is commonly used in many different types of murder cases. In Florida, you are not required to retreat or attempt to retreat before using force if you believe you are in imminent danger, even if it is possible to escape.
• Insufficient evidence: The prosecution must establish that you are guilty beyond a reasonable doubt in order to secure a conviction for felony murder. If they do not have enough evidence against you, or evidence is unlawfully obtained and subsequently suppressed, this can serve as a defense.

There are other defenses that are available in felony murder charges, as well. For example, it may be a case of mistaken identity in which witnesses mistakenly described the perpetrator. Additionally, if you have an alibi showing that you were not at the crime scene, this can also greatly strengthen your case.

Do Not Wait to Call Our Homicide Lawyer in Fort Lauderdale

Of all the criminal charges in Florida, those involving any type of murder are the most serious. At Haber Blank, our Fort Lauderdale homicide lawyer can review the facts of your case, determine which defense is most effective, and build a strong case that will give you the best chance of beating the charges. Do not hesitate to call us today at 954-767-0300 or contact us online to request a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0782/Sections/0782.04.html