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Felony Murder Attorney Jacksonville

Felony Murder Attorney Jacksonville

Felony Murder Defense in Jacksonville, Florida

Eagle Rock Defense Group represents individuals charged with felony murder under Florida Statute 782.04 in Jacksonville and Northeast Florida. Felony murder applies when a death occurs during the commission of certain enumerated felonies, even if the defendant did not intend to kill anyone or directly cause the death.

Felony murder charges in Florida carry the same penalties as premeditated first-degree murder–life in prison or death–even when the accused never intended to kill anyone. [1] Under Florida Statute 782.04(1)(a)(2), a person commits felony murder if a death occurs during the commission or attempt of certain enumerated felonies, including robbery, burglary, carjacking, sexual battery, arson, kidnapping, escape, aggravated child abuse, aggravated abuse of an elderly or disabled person, aircraft piracy, unlawful throwing or placing of a destructive device or bomb, and acts of terrorism. [1]

Written by John Rockwell, Managing Partner, Eagle Rock Defense Group (Rockwell Law PLLC). Florida Bar No. 779911. Former Duval County prosecutor with 21+ years in criminal law, representing clients throughout Northeast Florida including Duval, St. Johns, Nassau, Clay, Flagler, Baker, and Bradford counties.

Who defends felony murder charges in Jacksonville?

Eagle Rock Defense Group is a criminal defense firm in downtown Jacksonville, Florida that defends felony murder charges in Duval County and throughout Northeast Florida. The firm is led by John Rockwell, a former Duval County prosecutor with more than 21 years of experience in criminal law (Florida Bar No. 779911). Felony murder under section 782.04, Florida Statutes, allows a first-degree murder charge for a death that occurs during an enumerated felony, even without intent to kill. The office is at 301 W. Bay St., Ste. 1413, Jacksonville, FL 32202. Call 904-310-7501 for a confidential consultation.

Who should I call first after a felony murder arrest in Jacksonville?

Call a defense lawyer before speaking with investigators. Eagle Rock Defense Group takes calls at 904-310-7501 and represents clients across Duval, St. Johns, Nassau, Clay, Flagler, Baker, and Bradford counties. The early phase of a criminal case, before formal charges are filed, is often when counsel has the most influence and ability to direct how a case may go with prosecutors rather than waiting to call a lawyer until after you’ve been charged.

Can I be charged with murder if I did not kill anyone?

Under Florida’s felony murder rule, yes. A person who participates in an enumerated felony can be charged with first-degree murder for a death that occurs during it, even if you did not actually cause the death. Whether the underlying felony and the participation can be proven is where the defense begins.

What Is the Felony Murder Rule in Florida?

The felony murder rule makes a person guilty of first-degree murder if someone dies during the commission of an enumerated felony, regardless of who caused the death or whether the defendant intended to kill. [1] This means that if you are charged with committing a robbery and someone dies–even if your co-defendant caused the death, or a bystander had a heart attack, or police shot someone during the incident–you can be charged with first-degree murder.

Florida law does not require the State to prove premeditation or intent to kill in a felony murder case. The prosecution must establish only that the defendant committed or attempted one of the enumerated felonies and that a death occurred during its commission. [1] The underlying felony supplies the mental state for murder.

Felony murder is classified as a capital felony or life felony depending on the circumstances, punishable by life imprisonment without parole or, in some cases, the death penalty. [2] A conviction cannot be reduced to manslaughter or second-degree murder if the State proves the elements of felony murder.

Which Felonies Trigger the Felony Murder Rule?

Florida Statute 782.04 lists the specific enumerated felonies that can support a felony murder charge. [1] These are:

Only these enumerated felonies can form the basis of a felony murder charge. A death occurring during any other felony does not automatically qualify as felony murder under Florida law.

Can You Be Charged With Murder If You Did Not Kill Anyone?

Yes. Under Florida’s felony murder rule, you can be charged with first-degree murder even if you did not personally kill the victim, touch the victim, or intend for anyone to die. [1] The law holds all participants in the underlying felony responsible for any death that occurs during its commission.

For example, if two people commit a robbery and one of them shoots and kills a store clerk, both can be charged with felony murder. If a co-defendant dies during a shootout with police, the surviving defendant can be charged with felony murder for that death as well. The prosecution does not need to prove that you pulled the trigger or even foresaw the death.

This aspect of the felony murder rule creates significant exposure for individuals who participate in felonies without planning or expecting violence. Defense counsel must examine whether the defendant actually committed the underlying felony, whether the death was causally connected to the felony, and whether the defendant can be held legally responsible under principles of accessory liability.

Charge Mental State Required Maximum Penalty
Premeditated First-Degree Murder Intent to kill, premeditation Death or life without parole
Felony Murder None (felony supplies mental state) Death or life without parole
Second-Degree Murder Depraved mind, no premeditation Life imprisonment
Manslaughter Recklessness or heat of passion 15 years

For a confidential consultation with a Jacksonville felony murder defense attorney, call Eagle Rock Defense Group at 904-310-7501. Our office is located at 301 W. Bay St. Ste. 1413, Jacksonville, FL 32202.

What Defenses Apply to Felony Murder Charges?

Defenses to felony murder include challenging the underlying felony, breaking the causal chain between the felony and the death, disproving participation, and asserting that the death was not a foreseeable consequence of the felony. Because felony murder requires proof of an enumerated felony, successfully defending the underlying felony charge negates the murder charge.

If the defendant did not commit or participate in the enumerated felony, the State cannot sustain a felony murder conviction. Defense counsel examines identification evidence, alibi, lack of knowledge, and whether the defendant withdrew from the felony before the death occurred.

Causation is another avenue for defense. The death must occur during the commission or immediate flight from the felony. If the death is too remote in time or place, or if an intervening cause broke the causal chain, the felony murder rule may not apply. Additionally, some courts have recognized that if the victim is a co-felon and was killed by the intended victim or police, the felony murder rule may not apply under the agency theory of liability.

How Does a Former Prosecutor Defend Felony Murder Cases?

A former prosecutor understands how the State builds felony murder cases, which witnesses and evidence are vulnerable, and how to challenge causation and mental state elements that prosecutors often take for granted. John Rockwell served as a Duval County prosecutor and has seen firsthand how charging decisions are made in complex felony murder cases.

Prosecutors often overcharge felony murder in cases where second-degree murder or manslaughter would be more appropriate. A defense attorney with prosecutorial experience can identify weaknesses in the State’s theory, negotiate for reduced charges, and present mitigation evidence during plea discussions or sentencing. Understanding the pressures and priorities of the State Attorney’s Office allows defense counsel to position the case strategically from the outset.

Frequently Asked Questions

Can felony murder charges be reduced in Florida?

Felony murder charges can sometimes be reduced through negotiation, particularly if the evidence of the underlying felony is weak or if the defendant’s role was minimal. Reductions to second-degree murder or manslaughter may be possible depending on the facts and the defendant’s criminal history.

What is the difference between felony murder and premeditated murder?

Premeditated murder requires proof of intent to kill and planning, while felony murder requires only that a death occurred during an enumerated felony. Both carry the same potential penalties under Florida law.

Can you be charged with felony murder if a co-defendant killed the victim?

Yes. Florida’s felony murder rule holds all participants in the underlying felony responsible for any death that occurs, regardless of who directly caused it.

Does Florida allow the death penalty for felony murder?

Yes. Felony murder is a capital felony in Florida, and the State may seek the death penalty if aggravating factors are present, though the death penalty is less commonly imposed in felony murder cases than in premeditated murder cases.

Does it matter that I was not present when the death occurred?

It can matter a great deal. Liability turns on participation in the underlying felony and whether the death occurred during and in furtherance of it. Withdrawal before the felony began, or an act by someone outside the felony, are both grounds a defense examines closely.

If you or a family member faces felony murder charges in Jacksonville or Northeast Florida, contact Eagle Rock Defense Group at 904-310-7501 for a confidential consultation. Early representation is critical in homicide cases. Our office is located at 301 W. Bay St. Ste. 1413, Jacksonville, FL 32202.

Written by John Rockwell, Managing Partner, Eagle Rock Defense Group (Rockwell Law PLLC). Florida Bar No. 779911. Former Duval County prosecutor, 21+ years in criminal law. Updated August 2026.

Related homicide and violent crime pages

Authorities & References

  1. Florida Statute 782.04, Murder. https://www.flsenate.gov/Laws/Statutes/2024/782.04
  2. Florida Statute 775.082, Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders. https://www.flsenate.gov/Laws/Statutes/2024/775.082