What is second degree felony murder in Florida?
The crime of Second Degree Felony Murder is a First Degree Felony which is punishable by 30 years in prison and a $10,000 fine.
This offense when:
- Victim is dead.
- Defendant was not the person who actually killed victim, but defendant did commit or knowingly aid, abet, counsel, hire, or otherwise procure the commission of the felony alleged.
- The victim’s death was caused during and was a consequence of the commission, attempted commission, or escape from the immediate scene of the crime of the following statutorily enumerate felonies of:
- Trafficking offense prohibited by s. 893.135(1),
- Sexual battery,
- Aggravated child abuse,
- Aggravated abuse of an elderly person or disabled adult,
- Aircraft piracy,
- Unlawful throwing, placing, or discharging of a destructive device or bomb,
- Home-invasion robbery,
- Aggravated stalking,
- Murder of another human being,
- Resisting an officer with violence to his or her person,
- Aggravated fleeing or eluding with serious bodily injury or death, or
- Felony that is an act of terrorism or is in furtherance of an act of terrorism, including a felony under § 775.30, § 775.32, § 775.33, § 775.34, or § 775.35,.
- The person who actually killed the victim was not involved in the commission or the attempt to commit the felony alleged.
Some of the defenses Second Degree Felony Murder are:
- Person did not knowingly aid, abet, counsel, hire, or otherwise procure the commission of the felony.
- Person did not commit a felony.
- Victim’s death did not occur during the commission, attempted commission, or escape from the immediate scene of the crime.
State v. Lowery: On knowingly aid, abet, counsel, hire, or otherwise procure the commission of the felony.
Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation
If you have been arrested or believe you will soon be arrested for the offense of second degree felony murder in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.
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