When a felony is statutorily defined as a Capital, the sentence imposed can be life imprisonment or death. In Florida, capital felonies include murder, capital drug trafficking, armed kidnapping and an assortment of other felonies that include death or some sexual components. A conviction for murder, armed drug trafficking and other certain offenses require an entirely separate sentencing proceeding where the selected jury can consider both aggravating and mitigating factors when deciding whether or not death is the appropriate penalty. Aggravating factors that may enhance punishment, include, but are not limited to, prior felony convictions for violent crimes, crimes committed to silence witnesses, and felony crimes committed while on probation or community control. These aggravated factors are promulgated by Florida statutes and Court rulings.

  1. First degree murder
  2. Felony murder
  3. Capitol drug trafficking
  4. Capital sexual battery