Florida criminal charge
Murder in Florida
Murder is a criminal offense under Florida law, defined by Fla. Stat. § 782.04. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 782.04.
How is murder classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First degree premeditated murder | Capital Felony | Unlawful killing perpetrated from a premeditated design to effect the death of the person killed or any human being. | Fla. Stat. § 782.04(1)(a) |
| First degree felony murder | Capital Felony | Unlawful killing committed by a person engaged in the perpetration of, or attempt to perpetrate, an enumerated felony (e.g., arson, sexual battery, robbery, burglary, kidnapping, etc.). | Fla. Stat. § 782.04(1)(a) |
| First degree drug distribution murder | Capital Felony | Death resulted from the unlawful distribution by a person 18 or older of specified controlled substances, proven to have caused or been a substantial factor in the user's death. | Fla. Stat. § 782.04(1)(a) |
| Second degree depraved-mind murder | Felony of the First Degree | Unlawful killing perpetrated by an act imminently dangerous to another and evincing a depraved mind, without premeditated design to kill a particular individual. | Fla. Stat. § 782.04(2) |
| Second degree murder — killing by co-felon during enumerated felony | Felony of the First Degree | A human being is killed during the perpetration of an enumerated felony by a person other than the perpetrator/attempter, and the perpetrator or attempter is charged with the killing. | Fla. Stat. § 782.04(3) |
| Third degree murder — non-enumerated felony | Felony of the Second Degree | Unlawful killing without design to effect death, committed by a person engaged in perpetrating or attempting any felony other than the enumerated felonies listed. | Fla. Stat. § 782.04(4) |
| Third degree murder — minor's fentanyl distribution | Felony of the Second Degree | Unlawful killing without design to effect death resulting from unlawful distribution by a person under 18 of a substance known or reasonably should have been known to contain dangerous fentanyl or fentanyl analogs, proven to have caused or been a substantial factor in the user's death. | Fla. Stat. § 782.04(5)(b) |
Common questions about murder in Florida
Is murder a felony or a misdemeanor in Florida?
It depends on the circumstances: murder ranges from a Felony of the Second Degree to a Capital Felony in Florida under Fla. Stat. § 782.04.
First degree premeditated murder: Capital Felony (Fla. Stat. § 782.04(1)(a)) · First degree felony murder: Capital Felony (Fla. Stat. § 782.04(1)(a)) · First degree drug distribution murder: Capital Felony (Fla. Stat. § 782.04(1)(a)) · Second degree depraved-mind murder: Felony of the First Degree (Fla. Stat. § 782.04(2)) · Second degree murder — killing by co-felon during enumerated felony: Felony of the First Degree (Fla. Stat. § 782.04(3)) · Third degree murder — non-enumerated felony: Felony of the Second Degree (Fla. Stat. § 782.04(4)) · Third degree murder — minor's fentanyl distribution: Felony of the Second Degree (Fla. Stat. § 782.04(5)(b))
Which Florida statute covers murder?
Murder is governed by Fla. Stat. § 782.04 (Murder).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.