In the United States, 27 states, including Florida, still allow capital punishment, also known as the death penalty. A capital crime is a serious offense that can result in the death penalty. These crimes are considered the most harmful to society and are punished more severely than others due to their severity.
Criminal Defense Attorney for Hernando County
If you or a loved one is being charged with a capital crime, do not hesitate to contact the Law Office of Ashley Aulls, P.A. Ashley Aulls can represent you in any hearing in Hernando County, Pasco County, Citrus County, and Sumter County, FL.
To schedule your initial case consultation with Brooksville defense lawyer Ashley Aulls for your computer theft or property crime charge, call (352) 593-4115 today.
Capital Punishment Crimes Information Center
- What is a Capital Punishment Crime?
- Penalties for Capital Crimes
- Defenses Against Capital Crimes
- Additional Resources
What is a Capital Punishment Crime?
In Florida, capital punishment (the death penalty) is reserved for certain crimes classified as capital offenses. These crimes typically involve severe circumstances, most commonly murder. Here are some examples of crimes that can lead to capital punishment:
Premeditated Murder
- Example: A person plans and intentionally kills another individual. For example, a person might stalk their victim and carefully plot the murder in advance, ensuring that the act is deliberate.
- Case: A defendant who plans and carries out the murder of a rival or a spouse for personal gain (e.g., insurance money or jealousy) could be eligible for the death penalty.
Felony Murder
- Example: A murder that occurs during the commission of another felony, such as robbery, burglary, or sexual assault. Even if the murder was unintentional, a person can face capital punishment if it happens during one of these felonies.
- Case: During a bank robbery, the robber shoots and kills a security guard or a bystander, even if the death wasn’t premeditated. The person could be sentenced to death due to the combination of the robbery and the killing.
Killing a Law Enforcement Officer or Public Official
- Example: A person intentionally kills a police officer, firefighter, or other law enforcement or public officials while they are performing their duties.
- Case: If someone shoots and kills a police officer during a traffic stop or while the officer is responding to a crime, the perpetrator could face the death penalty.
Heinous, Atrocious, or Cruel Murders
- Example: Murders involving particularly brutal or torturous methods, such as prolonged suffering or mutilation.
- Case: A serial killer who tortures their victims or someone who murders using excessively cruel methods (e.g., a prolonged execution-style killing) could be sentenced to death due to the heinous nature of the crime.
Contract Killing (Murder-for-Hire)
- Example: Hiring or being hired to kill someone, commonly for financial gain.
- Case: A person pays a hitman to kill their spouse or business partner to collect life insurance. Both the person who hired the killer and the killer could be eligible for the death penalty.
Penalties for Capital Crimes
Penalties for capital crimes are called capital punishments which can be:
Death Penalty (Execution)
- Description: For certain capital crimes, Florida law allows for the death penalty. After conviction, the sentencing process requires the jury to weigh aggravating and mitigating factors to decide whether the death penalty should be imposed.
Life Imprisonment Without the Possibility of Parole
- Description: If the jury does not unanimously agree on the death penalty, or if the judge decides against it based on mitigating factors, the alternative punishment is life imprisonment without the possibility of parole.
Defenses for Capital Crimes
Some defenses for capital crimes include:
Actual Innocence (Alibi)
- Description: The defense argues that the defendant did not commit the crime and provides evidence that the defendant was not present at the scene of the crime when it occurred.
- Example: Presenting witnesses, video footage, or other evidence that places the defendant elsewhere at the time of the crime.
Lack of Intent or Premeditation
- Description: To secure a conviction for first-degree murder, the prosecution must prove that the killing was premeditated or intentional. The defense may argue that the defendant lacked the necessary intent or did not plan the killing.
- Example: Arguing that the killing was accidental or occurred in the heat of passion, which could reduce the charge to a lesser form of homicide (like second-degree murder or manslaughter).
Self-Defense
- Description: The defendant may argue that the killing occurred in self-defense or defense of others, meaning that the use of lethal force was justified because the defendant reasonably believed they were in imminent danger of death or serious injury.
- Example: Presenting evidence that the victim was attacking or threatening the defendant with deadly force, forcing the defendant to act in self-defense.
Insanity Defense
- Description: The defendant may argue that they were legally insane at the time of the crime, meaning they were unable to understand the nature or wrongfulness of their actions. If successful, this defense could result in a verdict of “not guilty by reason of insanity” and typically results in commitment to a mental institution instead of a prison sentence.
- Example: The defense may present expert testimony from psychiatrists to show that the defendant suffered from a severe mental illness that impaired their judgment or awareness during the crime.
Additional Resources
Florida Statute 775.082: General penalties for those charged with a capital crime.
Hurst v. Florida: A court case from 2016 that set a precedent that involves juries to be able to vote on the punishment a defendant would receive and take up with the presiding judge.
Criminal Defense Attorney for Hernando County
If you or a loved one is being charged with a capital crime, do not hesitate to contact the Law Office of Ashley Aulls, P.A. Ashley Aulls can represent you in any hearing in Hernando County, Pasco County, Citrus County, and Sumter County, FL.
To schedule your initial case consultation with Brooksville defense lawyer Ashley Aulls for your computer theft or property crime charge, call (352) 593-4115 today.