Understanding Felony Murder Charges in Florida

It is often a shock to learn that you can be charged with murder in Florida without ever having the intent to hurt anyone. This is due to a legal doctrine known as “felony murder,” a rule that allows prosecutors to hold individuals responsible for a fatality simply because it occurred during the commission of another crime.

At Pakett Law, West Palm Beach criminal defense attorney Brian Pakett understands how overwhelming these allegations can be. If you or a loved one is facing charges under Florida Statute § 782.04, understanding how this law works is the first step in protecting your future.

The Pakett Law Group, PA is committed to providing our clients with the highest quality representation. With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.

What is the Felony Murder Rule?

In most homicide cases, the state must prove the defendant intended to kill. The Felony Murder Rule is a significant exception. It allows the prosecution to “transfer” the intent from an underlying felony to the resulting death.

Essentially, if someone dies while you are committing or attempting to commit an inherently dangerous crime, the law holds every participant liable for that death—regardless of who actually caused it or whether a death was ever intended.

How a Felony Murder Charge is Built

To secure a conviction, Florida prosecutors generally rely on three primary pillars:

The Occurrence of a Death: A life must have been lost during the crime or while the defendants were fleeing the scene.
The Underlying Intent: The state only needs to prove you intended to commit the initial felony (like a robbery or burglary), not that you intended for anyone to die.
Co-Felon Liability: If you assisted in the crime—even as a lookout—you can be charged with the murder committed by a partner.

Crimes That Trigger Felony Murder

Under Florida law, only specific “predicate felonies” can trigger a felony murder charge. These typically include:

Robbery and Home Invasion
Burglary and Arson
Kidnapping and Sexual Battery
Drug Trafficking (including distribution leading to an overdose)
Carjacking and Aggravated Stalking
Human Trafficking and Terrorism
Resisting an Officer with Violence

First-Degree vs. Second-Degree Felony Murder

The severity of the charge depends on your role and the specific crime:

First-Degree Felony Murder: This applies when a participant in the felony is present when a death occurs. It is a capital felony carrying a mandatory sentence of life in prison without parole or the death penalty.
Second-Degree Felony Murder: This often applies when a “non-participant” (like a bystander or police officer) causes the death during the crime. It is still a first-degree felony that can carry up to life in prison.

Frequently Asked Questions: Felony Murder in Florida

Can I be charged with murder even if I was only the “lookout” or getaway driver?

Yes. Under Florida’s “Principal” statute (§ 777.011), anyone who aids, abets, or assists in the commission of a felony is treated as if they committed the act themselves. If you participated in a robbery as a lookout and your partner killed someone inside, the law views you as equally responsible for that death.

What happens if a police officer or a victim accidentally kills someone during the crime?

In Florida, you can still be charged with second-degree felony murder if a “non-participant” (such as a law enforcement officer or a homeowner defending their property) causes a death during the felony. Even though you didn’t pull the trigger, the law argues the death would not have occurred if you hadn’t initiated the underlying crime.

Does the prosecution have to prove I intended for someone to die?

No. This is the most controversial aspect of the rule. The state does not need to prove “premeditation” or an intent to kill. They only need to prove that you had the intent to commit the underlying felony (like burglary or kidnapping). The legal intent “transfers” from the crime to the resulting death.

What is the “Independent Act” defense?

This is a vital defense strategy used by attorneys like Brian Pakett. It applies when a co-defendant commits a murder that was completely outside the scope of the original plan. For example, if two people plan a simple “smash and grab” robbery, and one person suddenly decides to kill a bystander without the other’s knowledge or consent, the “independent act” doctrine may protect the other participant from a murder charge.

Are the penalties for felony murder different from regular first-degree murder?

No. In Florida, first-degree felony murder is a capital offense. If convicted, the penalties are the same as premeditated murder: a mandatory minimum of life in prison without the possibility of parole or the death penalty. This is why having an aggressive defense early on is so critical.

Can a felony murder charge be dropped if the underlying felony is dismissed?

Generally, yes. Because a felony murder charge is dependent on the commission of a specific “predicate” felony, if your defense attorney can successfully challenge and dismiss the underlying charge (e.g., proving no robbery actually took place), the felony murder charge typically cannot stand.

Protect Your Rights with Pakett Law

If you are facing these serious allegations in West Palm Beach, don’t wait. Contact Brian Pakett at Pakett Law today for a confidential consultation to begin building your defense.

If you or a loved one are facing these serious allegations in West Palm Beach, do not wait to seek legal counsel. Contact Brian Pakett at Pakett Law today for a confidential consultation to discuss your defense options.