Tampa Felony Murder Defense Attorney
Get Help From an Experienced Former Prosecutor
Anyone facing criminal charges for another’s death needs prompt legal representation, since detectives and prosecutors move quickly. At Buda Law, a Tampa felony murder defense attorney can evaluate your case right away.
Crimes resulting in the loss of human life carry some of the most severe penalties in Florida. If convicted of first-degree murder, you could even face the death penalty. This makes knowledgeable legal help more important than ever. Tampa homicide defense lawyer Andrew Buda represents defendants throughout Hillsborough and Pinellas Counties. He understands how state attorneys, courts, and judges approach these cases. When planning your defense, he prepares counters to common prosecution techniques.
Speak with an experienced criminal defense lawyer in FL before answering police questions. Call (813) 322-2832 or contact Buda Law online for a free consultation.
Experienced Tampa Criminal Defense Lawyer Helping Fight Charges for Felony Murder in Florida
To convict someone of murder, prosecutors do not need proof they walked into a situation planning to kill another. Non-premeditated and unintentional killing during the commission or attempt of certain crimes also qualifies as murder. Legal representation is necessary to avoid harsh criminal penalties and collateral consequences.
Andrew Buda was admitted to practice in Florida in 2016 and has practiced criminal law since. As a state prosecutor, he handled thousands of cases and more than 30 trials, including felony cases of all degrees. His combined experience in criminal prosecution and defense gives him an advantage in building his defense strategy. He was also selected as a Super Lawyers Rising Star each year from 2022 through 2026. This demonstrates his continued dedication to quality legal services.
Tampa criminal defense lawyer Andrew Buda handles a wide range of cases. He provides skilled defense for minor crimes, such as petty theft, as well as serious offenses. Rely on Buda Law when you’re facing allegations of violent crimes, sex crimes, drug crimes, white-collar crimes, and more.
Is Florida a Felony Murder State?
Yes, under Florida Statutes § 782.04, the state recognizes felony murder. The statute covers first-degree, second-degree, and third-degree murder involving the commission or attempt of certain felonies.
What Is Felony Murder in Florida?
Premeditated murder requires proof of a conscious decision to kill before acting. Felony murder, on the other hand, does not necessarily involve intent to kill. Rather, it refers to any unlawful killing that occurs during the perpetration or attempt of a felony. The individuals participating in the crime share fault for such deaths, even if only one or neither of them directly caused the death.
Consider a hypothetical. Two people break into a Seminole Heights home they believe sits empty. One intruder shoves the homeowner, who falls and dies from a head injury. Prosecutors could charge both intruders with first-degree murder, even though neither planned a killing.
Prosecutors must prove each element of the provision they charge. That includes a death, an underlying felony, the defendant’s participation, and a legal link between them. A Tampa violent crimes lawyer can challenge any of these aspects during their defense.
Florida Felony Murder Statute
Florida Statutes § 782.04 organizes homicide offenses by intent, conduct, and the type of felony involved.
Classification | What it Covers |
First-degree murder |
|
Second-degree murder |
|
Third-degree murder |
|
Florida criminal defense attorney Andrew Buda bases his defense strategy on the specific charge you’re facing.
Understanding the Florida Felony Murder Rule
Multiple factors determine how this framework applies to a given arrest. The first is who caused the death. If the defendant or a fellow participant did, prosecutors may pursue 1st- or 3rd-degree murder charges. When a person other than a participant in the crime causes death, 2nd-degree charges may apply. The second variable is the felony itself. Cases involving listed felonies can qualify as a first- or second-degree murder. An unlisted felony points toward third-degree murder.
Florida law treats attempted felonies as seriously as completed felonies. Even if a perpetrator did not successfully commit the felony, they are still responsible for both the felony and any resulting deaths.
Types of Felony Murder Cases in Florida
Lawmakers built a tiered system based on the predicate felony and who caused the death. First-, second-, and third-degree murder each cover a different set of facts. Each tier brings severe consequences.
First-Degree Felony Murder Under Florida Law
First-degree felony murder charges apply when anyone engaged in a listed felony commits the killing. Felonies covered by this offense include:
- Drug trafficking
- Arson
- Sexual battery
- Robbery
- Burglary
- Kidnapping
- Escape
- Aggravated child abuse
- Aggravated abuse of an elderly or disabled person
- Aircraft piracy
- Unlawful throwing, placing, or discharging of a destructive device or bomb
- Carjacking
- Home-invasion robbery
- Aggravated stalking
- Resisting an officer with violence
- Certain aggravated fleeing or eluding offenses
- Certain terrorism offenses
- Human trafficking
This crime is a capital offense in Florida, so an adult conviction means life without parole or the death penalty.
Second-Degree Felony Murder Under Florida Law
Prosecutors seek this charge when someone other than a participant in particular felonies causes death. The defendant must be committing or attempting a listed felony when the death happens. This includes the same felonies as first-degree charges, minus human trafficking.
In a hypothetical, a Hillsborough County deputy fires at fleeing robbery suspects and kills a bystander. The surviving suspects could be charged with second-degree murder. Property owners, alleged victims, bystanders, and other third parties can also trigger this subsection. Florida classifies it as a first-degree felony punishable by up to life. That exceeds the usual 30-year cap for a first-degree felony in Florida.
Third-Degree Felony Murder Under Florida Law
Felony murder in the third degree covers deaths during felonies other than those listed for first-degree felony murder. Death during crimes such as grand theft or non-trafficking drug offenses could constitute this charge. The defendant must have no design to effect death for this charge to apply. Third-degree murder is a second-degree felony in Florida, with a 15-year maximum sentence and fines up to $10,000.
Identifying the exact underlying felony is especially important in these cases. Certain circumstances can classify an otherwise non-enumerated felony as an enumerated felony. For example, a theft charge can become a robbery if the perpetrator uses force. Additionally, some felony offenses qualify for different charges. While some repeat DUIs are felonies, impaired-driving deaths lead to DUI manslaughter charges instead.
Florida Felony Murder Law and Predicate Felonies
The alleged underlying crime determines which charge the prosecution can pursue. Relevant defense questions include:
- What felony does the State claim was occurring, and does the evidence prove it?
- Was the felony completed, or is there legally sufficient proof of an attempt?
- Did the client knowingly join the plan, or simply arrive at the wrong moment?
- Had the felony already ended when the death occurred?
- Does the alleged predicate appear on the statutory list for the charged degree?
Tampa criminal defense lawyer Andrew Buda may challenge the state’s answers to any of these questions.
Attempted Felony Murder Florida Charges
Section 782.051 of Florida Statutes creates a separate offense for felonies involving near-death situations. Attempted felony murder involves three key elements. First, the person committing or attempting a felony commits, aids, or abets an intentional act. Second, this act must not be an essential element of the felony. Third, state law requires that this act could have, but did not, cause death.
This crime is a first-degree felony. Sentencing depends on whether the underlying felony is listed in section 782.04(3) of Florida Statutes. Enumerated offenses qualify for a maximum sentence of life in prison. Non-enumerated offenses can result in a sentence of up to 30 years.
The statute also covers situations in which someone not participating in the felony injures another. This qualifies as a second-degree felony, punishable by up to 15 years in prison.
Traditional attempted murder charges in FL focus on state of mind, while this offense focuses on the act. In either case, support from a Tampa attempted murder defense attorney is crucial to protecting your future.
What Must Prosecutors Prove in a Florida Felony Murder Case?
The State must prove multiple elements beyond a reasonable doubt to convict someone of felony murder. Tampa murder defense lawyers question each element.
Did the Underlying Felony Occur?
Prosecutors build this element from witness statements, video, physical evidence, and digital communications. Each source has weak points worth testing. Eyewitness memory fades and can be distorted under stress. Surveillance footage may show far less than the State claims. Our legal team can subpoena original footage and challenge edited clips. Physical evidence needs a clean chain of custody from the scene to the lab.
Digital evidence now appears in many criminal cases. Text messages and phone location data can suggest a plan, but context can change their meaning. Alleged admissions deserve scrutiny, especially if police failed to read Miranda rights. Co-defendant testimony raises its own concerns, since a co-defendant may testify in exchange for leniency. Much of this proof counts as circumstantial evidence in Florida, which jurors must weigh with caution.
Did the Defendant Participate in the Underlying Felony?
Florida principal law requires more than mere presence at a crime scene. Participation requires intent to help commit the felony. A lack of knowledge of a crime can serve as a defense to participation in a felony. For example, a passenger in a friend’s car may not know they planned to rob a store. Mistaken identity is common in these cases, making it a possible defense. Withdrawal from a conspiracy is also a defense option. Evidence may also show the client played a smaller role than prosecutors allege. That distinction can affect death penalty eligibility and plea negotiations.
Whether you’re facing charges on your own or as an alleged participant, Buda Law can help you. Andrew Buda is an experienced criminal defense and aiding and abetting attorney in Tampa.
Did the Death Occur During the Alleged Felony or Attempt?
Timing can decide whether this charge applies at all. Andrew Buda reconstructs the sequence of events to establish when the felony began and ended. Since flight is considered part of felonies in Florida, he also considers this period. A break in the chain of events, such as reaching a place of temporary safety, can signal the end of the offense.
The State must also connect the felony to the death. Florida recognizes an independent act defense when a co-felon’s conduct falls outside the shared plan. A killing driven by a co-felon’s personal grudge may fall into that category.
Who Actually Caused the Death?
Who caused the death is a key element that determines which specific charge the prosecution pursues. Death caused by alleged defendants or co-defendants can result in first- or third- degree felony charges. When third parties, such as police, alleged victims, or bystanders, cause death during certain felonies, it is second-degree murder. In many cases, ballistics, autopsy findings, and witness accounts answer this question.
Sentencing depends on Florida’s sentencing statutes and the specifics of each case. Firearm use can trigger mandatory minimum prison terms under Florida’s 10-20-Life law. A law enforcement victim triggers mandatory life without release under Florida Statute § 782.065. For non-capital counts, scoresheet points set the lowest permissible sentence a judge may hand down.
Defenses in Florida Felony Murder Cases
No single strategy works for each prosecution. Andrew Buda builds each legal defense around the evidence, the charged degree, and the client’s goals. As a Tampa criminal defense attorney and former prosecutor, he anticipates how the State will respond. Some potential approaches can include the following:
- The underlying felony did not occur, or the State cannot prove it.
- The accused did not participate in the felony.
- Mistaken identity, including flawed photo lineups or suggestive identification procedures.
- The accused was merely present at the scene without intent to assist.
- Insufficient evidence on one or more required elements.
- Withdrawal from the criminal plan, where the law permits it.
- The death occurred outside the legally relevant felony.
- The State charged the wrong degree of murder.
- Unreliable co-defendant testimony driven by plea deals.
- A false or coerced confession.
- Constitutional violations, such as unlawful searches or skipped Miranda Rights readings.
- Problems with forensic evidence, lab testing, or chain of custody.
Criminal cases rarely turn on one argument, so a strong defense frequently combines several. Furthermore, some defense claims have limits. For example, a person committing a forcible felony in Florida generally cannot claim self-defense.
Can Felony Murder Charges Be Reduced or Dismissed?
Sometimes, yes, but no defense lawyer can promise a positive outcome. Many attorneys in Tampa talk about results, but the evidence drives them. These circumstances can weaken a prosecution enough to change the case’s direction:
- Weak evidence of the predicate felony
- Identification problems or unreliable witnesses
- Statements or physical evidence suppressed after a constitutional challenge
- Conflicting forensic evidence about the cause of death or the shooter
- Problems proving the client’s participation
- Evidence supporting a lesser homicide theory, such as manslaughter
A criminal defense lawyer in Tampa can use pre-trial motions to seek dismissal or exclude key evidence. Negotiations may produce a manslaughter plea in Tampa, which can cap a possible life sentence at 15 years. If negotiations fail, a strong defense strategy involves preparing for trial.
Why Choose Andrew Buda As Your Felony Murder Attorney in Tampa?
Homicide defense requires experience in trial litigation and forensic evidence. Andrew Buda spent years on the State’s side before founding Buda Law, a criminal defense law firm. He knows how prosecutors build criminal cases. That insight drives a solid defense strategy from day one. He reviews every piece of evidence and, when needed, consults with experts. For example, forensic pathologists may help him uncover issues with forensic evidence. Attorney Buda is well prepared for any legal challenge your case may bring.
At Buda Law, clients work directly with an experienced attorney who explains each step. Andrew Buda’s legal career centers on homicide and other serious felony cases across Tampa Bay. Skilled use of pretrial motions allows him to undermine the prosecution’s arguments. Buda Law also prepares each criminal case as if it were headed to trial. That preparation sharpens the trial skills needed for a fair trial and a possible not guilty verdict. Criminal defense case results in Tampa reflect Attorney Buda’s quality services, though past results do not guarantee future outcomes.
Andrew Buda works from a law office on West Kennedy Boulevard in Tampa, FL. He handles Hillsborough County felonies at the George E. Edgecomb Courthouse and Pinellas County cases in Clearwater.
Contact an Experienced Criminal Defense Attorney at Our Law Firm for a Free & Confidential Consultation Today
Homicide allegations move quickly once detectives identify a suspect. A felony murder conviction can mean life in prison or the death penalty, even without intent to kill. These are not ordinary legal matters, and they demand immediate attention. Early legal representation can preserve evidence and stop damaging interviews before formal criminal charges arrive.
In addition to Tampa homicide defense, Buda Law handles a wide range of criminal offenses. Andrew Buda is experienced in drug charges, domestic violence, sex offenses, and DUI defense cases. His insight into these legal issues allows him to build a strong defense for felony murder allegations.
Clients receive extremely professional guidance through the entire process. Speak with our Hillsborough County criminal defense lawyers today. Call (813) 322-2832 or send a message to our team to schedule a free consultation.
REVIEWS
See What Our Clients Have to Say About Working With Us
He has connections and relationships with the court systems, which are crucial in negotiations.
He’s definitely a good choice if you want professional representation. I called him a day before my court date he was on time and fully prepared and he worked with me financially as well. He has lots of information that is beneficial towards my case, helping to calm my nerves and also has connections and relationships with the court systems, which are crucial in negotiations in any case. I highly recommend Buddha law to anyone in need of a defense attorney.
– Former Client
His knowledge and experience exceeded my expectations.
Professional and excellent council. He made me feel like I was his only client. Very responsive to my needs and concerns. I highly recommend for your legal needs. His knowledge and experience exceeded my expectations.
– Damond
Life Saver!
Amazing attorney. Always available and very compassionate! Andrew’s name came to us through word of mouth from an individual who stated he saved his life, so far looks like he’s doing the same for us! Highly recommended.
– Shannon
Professional, honest, a straight talker, very responsive, good communication and was extremely efficient.
Andrew Buda was professional, honest, a straight talker, very responsive, good communication and was extremely efficient in representing my case turning a stressful case that resulted in a very favorable outcome. Would highly recommend!
– Cathi
Andrew got the charges dropped even before it could go to trial.
Mr. Andrew is one of the best lawyers you can find in the Tampa Bay Area. He is not gonna give you false promises, and he will get the job done. I have been to many lawyers before hiring him for my case. The other lawyers told me of the case going to trial and what not but Mr. Andrew got the charges dropped even before it could go to trial. The best thing about him is his ability to connect to his clients and connect with them in a personal level. For him it’s not simply a job, it is his passion to help people. He gave me discount as I was going through some hardships. I recommend him very strongly. He is a man of words and he’s also a role model for others to look up to.
– Habibur
They treated me as a person, not just a case number.
I had an exceptional experience with Buda Law Group. This group absolutely has the high-level of expertise and dedication required to assist you with your case. The attorneys stayed engaged and I valued their proactive communication. Recommendations were made for actions I could take to help with the final outcome. They treated me as a person, not just a case number. From the beginning to the end, I was treated with respect and genuine empathy, especially when navigating a complicated case.
– Mary
Their entire team seem to truly care about their clients.
My entire experience with Buda Law was absolutely 5 stars! After sending them a message on their website, within minutes I received a phone call from Attorney Julie Adue. Julie is absolutely phenomenal, was with me every step of the way, and answered all my questions throughout the process. Her knowledge and empathy really helped put my mind at ease, and have full confidence in who I chose to represent me. There was even a time I called the office and asked for Julie, and her paralegal, also named Julie was always so helpful! Highly recommend Buda Law overall, their entire team seems to truly care about their clients which isn’t always easy to come by!
– Alexa
He’s an outstanding lawyer and he’s passionate about helping those in need.
Thanks to Andrew my mom was able to get out a week before my wedding!! He’s an outstanding lawyer and he’s passionate about helping those in need. If I had to recommend someone an amazing lawyer it would be Andrew Buda best there is and best there’ll ever be. I appreciate what you did in the 2 days you had to collect the information and to win the case. Keep up the great work you are doing. From me and my family we thank you for ever!
– Abraham
START BUILDING YOUR CASE
Schedule a Free Consultation
WHAT MAKES OUR DEFENSE SO EFFECTIVE?
- Former State Prosecutor
- Highly Responsive & Accessible
- Result-Oriented Advocacy
- We Prepare Every Case as if it's Going to Trial
- Personal Representation Centered Around You
- Exceptional Negotiator