Homicide can be defined as both murder and manslaughter. Murder is the most serious offense. It covers acts that were premeditated or occurred during the commission a dangerous felony. For deaths caused by an act, procurement, negligence, or willful misconduct of another, manslaughter can be charged as a lesser offense. You can find more information on manslaughter at our pages on voluntary and involuntary murder.

Section 782.04 in the Florida Statutes divides murder into first-degree murder , which is a capital crime subject to the death penalty and 2nd-degree murder . This is punishable with a life sentence in prison. There are two possible ways first-degree murder could occur: the first is by a premeditated plan to cause the death of the victim or another human being. This is when the defendant made a plan to cause the death of another person and reviewed it before it was implemented. This type of murder can be considered the most grave because the defendant took the time and thought about the plan before putting it into effect.

A second way to commit first degree murder is when the defendant is engaged in or attempting to enter into – the commission a specific dangerous felony. These felonies include drug,trafficking and sexual battery, robbery or burglary, kidnapping or escape, aggravated child abuse, aggravated abuse an elderly person or disabled person, aircraft piracy or unlawful throwing, placing or discharging a destructive device or bomb. These are Florida’s “felony murder rule.” It imposes harsher punishments on deaths caused by a dangerous felony. These deaths are deemed most grave because the defendant chose to commit the underlying dangerous crime (regardless if he or she intended for a death to happen during that felony).