What is a Capital Felony?

Florida has some strict criminal charges in place. In most places, a first-degree felony is the most serious crime a person can face. That is not the case in the Sunshine State.

A person accused of an especially violent crime can face a charge of life felony or capital felony. Life felonies are punishable by 40 years to life in prison, while capital felonies are punishable by life imprisonment or death. Those accused of serious crimes often encounter these charges and penalties. Some felony crimes when there are death or sexual components may also result in these types of felonies.

The most common crimes that result in a capital felony are:

• First-degree murder. This involves premeditated or intentional killing, or a death caused during the commission of certain violent felonies such as armed robbery or kidnapping. This is the most common capital felony in Florida and can lead to the death penalty if aggravating factors are present.
• Capital drug trafficking. While most drug trafficking charges are non-capital felonies, a drug trafficking charge can reach capital felony status if it involves extremely large quantities of certain drugs or leads to multiple deaths.
• Sexual battery on a minor under 12. This involved sexual battery on a child under 12 years old. If the perpetrator is an adult, it can be classified as a capital felony. It is punishable by life imprisonment without parole.

In Florida, the imposition of the death penalty in capital felony cases is reserved for only a judge, regardless of the jury’s decision. In South Florida, the Florida felony courts conduct more than 200 death penalty capital felony trials per year.

The death penalty is imposed in cases of first-degree murder where aggravating factors outweigh mitigating factors. If the death penalty is not imposed or applicable, life imprisonment without parole is mandatory for capital felonies.

Aggravating factors include:

• Previous violent felony convictions.
• Heinous, atrocious, or cruel nature of the crime.
• Crime committed for financial gain.
• Crime poses a grave risk to multiple individuals.

Avoiding the Death Penalty

Being punished by death is not something that a person wants to hear. However, you should know that not all Florida capital felonies result in the death penalty.

These crimes are governed by two different statutes. One statute covers capital felonies, while the other governs capital drug trafficking felonies. There are many death penalty and post conviction relief appeals in major Florida cities such as Miami, Fort Lauderdale, and West Palm Beach. In fact, Florida generates a majority of capital felony death cases that move from South Florida criminal courts to the United States Supreme Court.

Contact Us Today

A capital felony is the most serious crime you can face in Florida. Protect yourself with the right legal help.

Get a solid defense from a Florida criminal defense lawyer from Linkhorst & Hockin, P.A. We can help you understand your legal options. Schedule a consultation today by filling out the online form or calling 561-626-8880.

Source: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.082.html