Fla. Stat. § 782.04

Murder in Florida

Florida sorts murder into degrees that carry vastly different consequences — up to the death penalty. Here is what separates them, including the felony-murder rule that surprises many.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

The Degrees

Under § 782.04, Florida divides murder into degrees based on intent and circumstances.

The Governing Statute
Fla. Stat. § 782.04 — Murder
"The unlawful killing of a human being, when perpetrated from a premeditated design to effect the death of the person killed or any human being, [is] murder in the first degree and constitutes a capital felony."
Read the full statute on Online Sunshine →
Murder — Degrees
First-degree: Premeditated killing, or a killing during an enumerated felony (felony murder). A capital felony — death penalty or life without parole.

Second-degree: A killing from a "depraved mind" without premeditation, or felony murder by a non-primary participant. First-degree felony — up to life.

Third-degree: A killing during a non-violent felony. Second-degree felony — up to 15 years.

The Felony-Murder Rule

One of the most important and least-understood aspects of Florida law: under the felony-murder rule, you can be charged with first-degree murder for a death that occurs during certain felonies (robbery, burglary, drug distribution, and others) — even if you did not intend or personally cause the death, and even if a co-participant did the killing.

Where the Defense Begins

  • Intent and premeditation — the line between first and second degree.
  • Self-defense and Stand Your Ground, which can justify a killing entirely.
  • Causation and identity.
  • The underlying felony in felony-murder cases — if it fails, so may the murder charge.

These are the most serious cases in the system. Jeff Gorman’s experience as a former prosecutor is directly relevant to how the State builds — and how the defense dismantles — a homicide case.

Frequently Asked Questions

What is the difference between first and second degree murder in Florida?
First-degree murder (§ 782.04) requires premeditation or a killing during an enumerated felony, and is a capital offense. Second-degree murder is an unpremeditated killing from a "depraved mind," a first-degree felony punishable by up to life.
Can you be charged with murder without killing anyone in Florida?
Yes, under the felony-murder rule. If a death occurs during certain felonies like robbery or burglary, participants can be charged with first-degree murder even if they did not personally cause or intend the death.
Does Florida have the death penalty for murder?
Yes. First-degree murder is a capital felony in Florida, punishable by death or life imprisonment without the possibility of parole, following a separate penalty-phase proceeding.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 782.04 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.