Updated April 26, 2026
If you need an Orlando first degree murder lawyer, understanding these charges and your legal options is critical.
In This Article:
- What Is First-Degree Murder in Florida?
- Evidence in the Flagler County Case
- How an Orlando First Degree Murder Lawyer Can Help
- Frequently Asked Questions
Orlando first degree murder lawyer and television legal analyst Jose Rivas was interviewed by Telemundo 31 News regarding a disturbing case in Flagler County where a 20-year-old college student faces first-degree murder charges.
First-degree murder in Florida is the unlawful killing of a human being with premeditation or during the commission of certain serious felonies, punishable by life imprisonment without parole or the death penalty. The case began when authorities responded to a 911 call on March 6, 2026, in Palm Coast, leading to the arrest of a Daytona State College student accused of giving birth at home and allegedly concealing the infant’s death.
“First-degree murder is one of 26 crimes that Governor DeSantis designated two years ago as ineligible for bond,” Rivas said. He explained that even defendants with no prior criminal history do not automatically qualify for bond when charged with this capital felony.
What Is First-Degree Murder in Florida?
If you need an Orlando first degree murder lawyer, understanding these charges is critical. First-degree murder under Florida Statute 782.04 is classified as a capital felony, the most serious classification under Florida law.
First-degree murder in Florida includes:
- Premeditated killing with intent to cause death
- Felony murder (death occurring during commission of serious crimes like robbery, kidnapping, sexual battery, or arson)
- Drug distribution resulting in the user’s death
Penalties for first-degree murder include:
- Life imprisonment without possibility of parole
- Death penalty in certain cases
- No eligibility for bond under Florida’s 26 capital offense rule
- Mandatory minimum sentence of life without parole
Full text of Florida Statute 782.04 (First-Degree Murder)
782.04 Murder.—
(1)(a) The unlawful killing of a human being:
1. When perpetrated from a premeditated design to effect the death of the person killed or any human being;
2. When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any: trafficking offense prohibited by s. 893.135(1), arson, sexual battery, robbery, burglary, kidnapping, escape, aggravated child abuse, aggravated abuse of an elderly person or disabled adult, aircraft piracy, unlawful throwing, placing, or discharging of a destructive device or bomb, carjacking, home-invasion robbery, aggravated stalking, murder of another human being, resisting an officer with violence to his or her person, aggravated fleeing or eluding with serious bodily injury or death, felony that is an act of terrorism or is in furtherance of an act of terrorism, or human trafficking; or
is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082.
(b) In all cases under this section, the procedure set forth in s. 921.141 shall be followed in order to determine sentence of death or life imprisonment.
The crime occurs when someone commits premeditated murder or felony murder, meaning death resulted during the commission of certain enumerated felonies. The death penalty procedure under Florida Statute 921.141 requires a jury recommendation before sentencing.
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Evidence in the Flagler County Case
“The state must demonstrate that there is a substantial probability that she committed this crime during the hearing,” Rivas said. During the April 7 bond hearing, prosecutors presented significant evidence including internet searches conducted by the defendant during her pregnancy.
Based on this evidence, prosecutors added multiple serious charges including first-degree murder, aggravated child abuse, and failure to report a death with intent to conceal or alter it. Aggravated child abuse under Florida Statute 827.03 is a first-degree felony punishable by up to 30 years imprisonment and fines up to $10,000.
Full text of Florida Statute 827.03 (Aggravated Child Abuse)
827.03 Abuse, aggravated abuse, and neglect of a child; penalties.—
(1) DEFINITIONS.—As used in this section, the term:
(b) “Aggravated child abuse” occurs when a person:
1. Commits aggravated battery on a child;
2. Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or
3. Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child.
(2) PENALTIES.—
(b) A person who commits aggravated child abuse commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
How an Orlando First Degree Murder Lawyer Can Help
Anyone facing first-degree murder or aggravated child abuse charges needs immediate legal representation from an experienced Orlando criminal defense attorney. The stakes could not be higher when life imprisonment or the death penalty are possible outcomes. A skilled criminal defense lawyer in Orlando will examine every aspect of the prosecution’s case, challenge the evidence, and protect your constitutional rights throughout the criminal justice system.
An Orlando first degree murder lawyer provides critical services including:
- Challenging the prosecution’s evidence and witness testimony
- Filing motions to suppress illegally obtained evidence
- Negotiating with the state attorney’s office for reduced charges
- Representing you at bond hearings and pretrial proceedings
- Building a comprehensive defense strategy for trial
- Protecting your constitutional rights during police questioning
According to Florida Statute 406.12, anyone who knowingly fails to report a death or who disturbs a body with intent to alter evidence commits a first-degree misdemeanor. If done with intent to conceal or alter evidence, the charge escalates to a third-degree felony.
Full text of Florida Statute 406.12 (Duty to Report Death)
406.12 Duty to notify medical examiner.—
(1) Any person who becomes aware of the death of a human being shall notify the medical examiner of the county where the death occurred or the body was found when he or she has knowledge, or reason to believe, that the death was caused by:
(a) Criminal violence, including any homicide or suicide;
(b) Accident;
(c) Suicide;
(d) Poison;
(g) Neglect or abuse;
(i) In any suspicious or unusual circumstance;
Defense attorneys analyze whether prosecutors can prove each element of every charge beyond a reasonable doubt. They investigate whether proper procedures were followed during arrest and evidence collection.
The Flagler County case illustrates how prosecutors build their argument using internet search history, physical evidence, and witness statements.
When the state attorney’s office pursues a capital felony charge, defendants need a criminal defense team with a proven track record of success in serious felony cases. The criminal court process for first-degree murder in Florida involves multiple hearings, evidentiary proceedings, and potentially a jury trial. An experienced defense attorney in Central Florida will guide you through each stage while fighting for the most favorable outcome possible given your circumstances.
Call 407-644-2466 for a FREE CONSULTATION with an experienced and aggressive Orlando first degree murder lawyer at the Rivas Law Firm, P.A.
Frequently Asked Questions
What is the difference between first-degree murder and second-degree murder in Florida?
First-degree murder requires proof of premeditation or that death occurred during commission of certain serious felonies like kidnapping, sexual battery, or drug trafficking. Second-degree murder involves an unlawful killing with a depraved mind but without premeditation. First-degree murder carries life without parole or death, while second-degree murder is punishable by up to life imprisonment with possibility of parole.
What are the penalties for first-degree murder in Florida?
First-degree murder in Florida is a capital felony punishable by life imprisonment without possibility of parole or the death penalty. Defendants charged with first-degree murder typically cannot obtain bond under Florida law, as it is one of 26 capital offenses designated as ineligible for pretrial release.
Can an Orlando criminal defense attorney help if I have no criminal history?
Absolutely. While having no prior criminal record is important, it does not automatically guarantee bond or dismissal when facing capital felony charges. An experienced Orlando first degree murder lawyer will challenge the prosecution’s evidence, file appropriate motions, negotiate with prosecutors, and prepare a strong defense strategy regardless of your background.
What is felony murder in Florida?
Felony murder occurs when someone dies during the commission or attempted commission of certain serious felonies, even if the death was unintentional. Under Florida law, felony murder is charged as first-degree murder and carries the same penalties as premeditated murder. The underlying felonies include robbery, burglary, kidnapping, sexual battery, arson, aggravated child abuse, and human trafficking.
How long does a first-degree murder trial take in Florida?
Hiring an Orlando first degree murder lawyer immediately after arrest gives your legal team maximum time to investigate evidence and build a strong defense.
A first-degree murder trial in Florida typically takes 18 to 36 months from arrest to trial. Complex cases can take longer. The timeline includes arraignment, pretrial motions, discovery, depositions, jury selection, trial proceedings, and potential penalty phase if convicted. An experienced Orlando first degree murder lawyer will challenge the prosecution’s evidence in Orange County courts, file appropriate motions and fight for your rights at every step.
What should I do if police want to question me about a serious crime?
Exercise your right to remain silent and immediately request a criminal attorney. Do not provide statements, answer questions, or try to explain your situation without legal representation present. Anything you say can be used against you in criminal court, so protect yourself by hiring an Orlando first degree murder lawyer before speaking with law enforcement.
Don’t face capital felony charges alone. An experienced Orlando first degree murder lawyer at the Rivas Law Firm has the resources and track record to defend clients facing the most serious criminal charges in Florida.
Orlando Criminal Defense Attorney Jose Rivas is a veteran bilingual TV Legal Analyst who has appeared on Univision, Fox News, Telemundo, and many other news outlets. He is highly rated on professional platforms, maintaining a 4.9/5.0 rating on Avvo based on dozens of client reviews.