Any type of conviction for a crime that results in the death of another person would lead to a severe jail sentence. The criminal defense lawyers at the Alers Law Firm are here to fight for your legal rights, no matter the alleged crime at issue.
Florida law has separate classifications for different types of crimes involving murder or the taking of the life of another. Prosecutors may have some discretion in which crime they charge. The more serious the alleged crime is, the higher the burden the prosecutor needs to meet.
Schedule a free initial consultation with the Orlando violent crimes attorneys at the Alers Law Firm when you are facing serious penalties in the criminal justice system. We are standing by and ready to talk to you at any time. Our attorneys will take the time to listen and learn before we help you plot your most vigorous legal defense.
No matter how someone is accused of taking the life of another person, they would face substantial penalties. These penalties are enhanced when there is an element of intentionality. If you have been accused of any type of homicide, or even manslaughter, you need immediate legal representation from a criminal defense attorney. Here are the penalties for the three degrees of murder in Florida and what the prosecutor must prove to convict you of the crime.
First-Degree Murder in Florida
A defendant can commit first-degree murder through either having premeditated intent or when they have killed someone during the commission of a felony. In order to prove a first-degree murder charge in Florida, the prosecutor must prove each of the following:
- There was the death of the victim
- The death was caused by the criminal act of the defendant
- The defendant had a premeditated intent to cause the death
Alternatively, the prosecutor would need to prove that the defendant was committing an underlying felony at the time of the death. The statute provides an exhaustive list of underlying offenses that could lead to a charge of felony murder that include:
- Carjacking
- Kidnapping
- Home invasion robbery
- Sexual battery
- Aggravated child abuse
If the defendant is convicted of first-degree murder in Florida, they could receive the following sentences:
- The death penalty (after a capital phase of the case)
- Life in prison without the possibility of parole
- Life in prison with the possibility of parole (if there are no aggravating factors, or there are mitigating factors)
- Life in prison is the mandatory minimum sentence for first-degree murder.
Second-Degree Murder in Florida
Second-degree murder is an extremely serious charge. Here, the prosecutor does not need to prove intent to win a conviction. Instead, the prosecutor must prove the following three elements:
- There was the death of a person
- The defendant caused the death through a criminal act
- The death was caused by an act that was imminently dangerous to another and demonstrating a depraved mind without regard for human life
Here, an imminently dangerous act is defined as one which:
- A reasonable person would know that it could kill or seriously harm someone else
- Is done from ill will, spite or evil intent
- Shows an indifference to human life
If the defendant is convicted of second-degree murder, they could receive the following sentence:
- A maximum sentence of 30 years in prison
- A minimum of 16 ¾ years in prison without the possibility of parole
- A minimum of 25 years in prison without parole if there are aggravating factors, such as the use of a firearm
- A fine of $10,000
Third-Degree Murder in Florida
Third-degree murder is a form of felony murder which can lead to a long jail sentence upon a conviction. One commits third-degree murder when they kill someone during the commission of a non-violent felony. The prosecutor does not have to prove that there was intent to kill someone else. Further, one does not have to actually kill someone to be charged with third-degree murder. They can face criminal charges if they were an accomplice of the person who killed the deceased.
Third-degree murder can result in the following penalties:
- A jail sentence of up to 15 years
- A minimum jail sentence of 10 ⅓ years unless there are factors that require a downward departure
- 15 years of probation
- A $10,000 fine
When sentencing a defendant for a murder conviction, a judge will have a considerable amount of discretion. They would consider a number of factors, including:
- The defendant’s prior criminal history
- Whether there are any aggravating or mitigating factors
- The level of the defendant’s culpability
You need to be represented by a criminal defense attorney at any sentencing hearing to ensure that your story is told to the judge.
As you can see, you are facing extremely serious consequences if you have been charged with murder. It is essential that you consult with a criminal defense lawyer. We would conduct an immediate investigation of your case and help determine whether there are any defenses to the charges against you.
Contact a Florida Criminal Defense Law Firm Today
If you have been charged with murder, or any other type of crime, reach out to the Alers Law Firm for passionate and non-judgmental legal defense. We believe that everyone has legal rights, and we are prepared to fight for them. You can schedule a free initial consultation with a criminal defense attorney by calling us today at 407-930-4888.

Attorney Chavelys Y. Alers was born and raised in Puerto Rico. She specifically grew up in the towns of Vega Baja and Dorado. Attorney Alers is bilingual, as she is fluent in both English and Spanish. Two decades ago, Attorney Alers migrated from Puerto Rico to the mainland United States, Central Florida. Learn more here.