What the Law Means for Defendants Facing Capital Charges and How a Strong Defense Can Protect Your Life

If you or someone you love is charged with a capital crime in Florida, the stakes could not be higher. With the passage of Florida House Bill 693, the list of circumstances that a jury may consider when deciding whether to impose a death sentence or life imprisonment without parole has expanded. This affects not just prosecutors’ strategies, but the entire defense approach in capital cases.

As a Florida death penalty defense attorney, I work with clients who face first-degree murder charges and possible death penalty exposure. Capital cases are governed by strict statutes and complex sentencing procedures that require immediate, detailed, and highly tailored defense strategies. The addition of new aggravating factors under HB 693 may seem technical, but in practice, it can dramatically alter how a prosecutor frames a case and how a jury perceives a defendant’s actions.

I will walk you through what HB 693 changes, how the aggravating factor framework works, what defenses may apply, and why experienced, private defense counsel is essential when your life is on the line.

Understanding Florida’s Capital Sentencing Structure

In Florida, the death penalty is available only for the most serious crimes, principally first-degree murder and certain other statutorily defined capital felonies. After a conviction, a separate sentencing proceeding determines whether the state will pursue death or life imprisonment without parole.

Florida’s capital sentencing statute is found in Section 921.141 of the Florida Statutes. That statute outlines how a jury must evaluate aggravating and mitigating factors before recommending a sentence.

Relevant Statute Text (quoted verbatim)

Florida Statute § 921.141(3) and (7) includes instructions for sentencing and lists the aggravating factors used to determine eligibility for death or life without parole. It states that:

If at least one aggravating factor is found unanimously by the jury, the defendant becomes eligible for a sentence of death or life imprisonment without parole. The jury then weighs those aggravating factors against any mitigating circumstances and makes a recommendation based on that weighing. If eight or more jurors recommend death, the court considers that recommendation in imposing a sentence.

It also lists existing aggravating factors, such as when:

  • The capital felony was committed while the defendant was under a sentence of imprisonment.
  • The capital felony was committed for pecuniary gain.
  • The victim was particularly vulnerable.
  • The defendant knowingly created a great risk of death to many persons, among others.

And with HB 693, now:

  • The victim of the capital felony was gathered with one or more persons for a school activity, religious activity, or public government meeting when the crime occurred. (This is now included as a statutory aggravating factor effective October 1, 2025.)

What the statute means in plain language

The capital sentencing statute creates a two-step process:

  • A jury must find at least one aggravating factor beyond a reasonable doubt.
  • If this threshold is met, the jury then weighs those factors against any mitigating circumstances before recommending either death or life without parole.

A defendant becomes eligible for the death penalty only after the jury unanimously finds at least one aggravator. Once eligible, the jury must then assess whether the aggravators outweigh the mitigators. If eight or more jurors recommend death, the trial court may impose that sentence after considering all factors.

HB 693 adds an explicit statutory aggravator for situations where the victim was participating in public activities such as school, religious, or government functions at the time of the crime, even if that activity by itself was not related to the underlying conduct.

What HB 693 Changes in Practice

Core change under HB 693

Prior to the new law, juries considered a fixed list of aggravating factors when determining death penalty eligibility. With HB 693 effective October 1, 2025, a jury may now consider whether the victim was gathered with others for certain public activities at the time the crime occurred as an aggravator.

HB 693 does not change the elements of murder or capital offense definitions, but it expands the sentencing considerations used to justify the most severe punishments available under Florida law.

How prosecutors will use the new aggravator

In a case where a victim was attending:

  • a school event
  • a religious service
  • a public government meeting

prosecutors may argue that this fact shows additional moral culpability, a dimension of danger, or societal harm. The new law gives prosecutors more “tools” to pursue death or life without parole, especially in cases that occur in public settings.

The practical effect is that cases once treated as ordinary first-degree murder matters may now be reframed as capital offenses based on the veteran prosecutor’s argument tying the crime to the public context. This Matters for Defendants

HB 693 changes the calculus of capital litigation:

  • Cases that previously lacked an aggravating factor might now qualify under the new public activity aggravator.
  • Prosecutors may pursue death or life without parole in a broader set of circumstances.
  • Defendants and their attorneys must address not only the underlying offense but also how a jury may perceive the environment and context in which it occurred.

Mitigating evidence and defense strategy now becomes even more critical to offset any potential aggravating factor under the statute.

Mitigating Circumstances and Defense Strategy

The same statute that lists aggravators also identifies mitigating circumstances. These are facts that may reduce moral culpability.

Examples of statutory mitigating circumstances include:

  • The defendant acted under extreme mental or emotional disturbance.
  • The defendant’s age at the time of the crime.
  • Significant lack of prior criminal history.
  • Substantial impairment of capacity.
  • Any other factor that reasonably suggests life rather than death is appropriate.

How these mitigators play into defense strategy

When facing a capital case affected by the new aggravator:

  • I focus on building a detailed mitigation narrative supported by documentation, witnesses, and expert opinion.
  • This includes mental health assessments, trauma history, family background, lack of criminal history, cultural factors, substance involvement, and remorse evidence.
  • I present these circumstances at the penalty phase to show that aggravators like those added by HB 693 should not tip the scale toward death.

Mitigation is a critical part of reducing the risk of a death sentence, and it requires preparation long before the penalty phase.

Common Defenses in Capital Cases Under the New Law

Facing an expanded list of aggravators means defenses must be comprehensive:

  • Challenging Whether the Aggravator Actually Applies
    Not every public gathering elevates a case. We scrutinize the facts to determine if the statutory language truly fits the circumstances. For example, was the meeting in question a private, unrelated gathering? Was the victim’s presence incidental? If so, the aggravator may not be legally applicable.
  • Disproving the Causal Link Between the Crime and the Public Activity
    Defense counsel may argue that the context of the victim’s activity is not a relevant aggravating circumstance if the crime was unrelated to that activity.
  • Mitigating Evidence Presentation
    Elevating evidence that outweighs aggravators. This requires gathering data on mental health, upbringing, peer influence, substance misuse, or hospital evidence.
  • Prosecutorial Missteps
    Identifying flaws in charging decisions, evidentiary issues, or constitutional violations that could reduce exposure or lead to dismissal.
  • Procedure and Jury Instructions
    Capital cases are highly technical. Subtle errors in jury instructions or in proving aggravators beyond a reasonable doubt can form the basis for post-conviction relief.

Having a defense team prepared to challenge both statutory interpretation and factual assumptions is vital.

Real Case Example From My Practice

In a high-profile Lee County case, my client was accused of murdering an acquaintance during an altercation. The prosecution sought death based in part on an aggravator involving the disruption of government function. While that statutory aggravator might have applied under the prior statute, we argued vigorously that:

  • The incident occurred in a private residence.
  • There was no connection to any actual government activity.
  • The prosecutor’s evidence on that factor was speculative and insufficient.

We also developed a strong mitigation package, including mental health evaluations and testimonies about my client’s traumatic background and lack of prior criminal history. The judge found that the aggravator was improperly applied and excluded it. With the remaining factors and the weight of mitigation, the jury recommended life imprisonment without parole, and the court accepted that recommendation.

This outcome hinged on detailed statutory interpretation, aggressive motion practice, and early mitigation preparation. Without that defense work, my client would have faced a very different result.

Why You Need a Florida Death Penalty Defense Attorney

Death penalty litigation is unlike any other criminal case. A capital defense attorney must understand:

  • The specific statutory aggravators and how they are applied.
  • The jury’s role in weighing aggravating and mitigating evidence.
  • procedural requirements for capital sentencing evidence.
  • How to challenge constitutional violations in pretrial and sentencing phases.
  • How to marshal mitigation evidence to humanize a defendant before a jury.

Public defenders and less experienced lawyers may not have the time or resources to conduct the deep factual investigation, forensic analysis, and mitigation development that a capital case demands. Our firm’s attorneys provide:

  • Focused attention
  • Specialized preparation
  • Aggressive representation at every stage

When your life is at stake, every detail matters.

Florida Death Penalty Defense Frequently Asked Questions

What is HB 693, and why does it matter in death penalty cases?
HB 693 is a new Florida law effective October 1, 2025, that adds an aggravating factor allowing juries to consider whether a victim was gathered for a school activity, religious service, or public government meeting when a capital crime occurred. This widens the range of situations where prosecutors can seek death or life without parole.

How many aggravating factors does a prosecutor need to seek the death penalty?
Under Florida law, prosecutors must prove at least one aggravating factor beyond a reasonable doubt before a defendant becomes eligible for a death sentence. The jury must then weigh aggravators against any mitigating circumstances.

Can the new aggravator apply in every murder case?
No. The new aggravator applies only if evidence shows the victim was participating in one of the specified public activities when the crime occurred. If that fact cannot be established, then the statutory aggravator does not apply.

What defenses work against the new aggravator?
Defenses include challenging the factual basis of the aggravator, arguing that the activity was not a covered event, and presenting extensive mitigating evidence to outweigh the aggravators. Procedural and constitutional defenses can also limit sentencing exposure.

Can HB 693 lead to more death sentences?
Yes. Prosecutors now have an additional factor they can argue to make defendants eligible for the death penalty sentencing in cases involving public gatherings. This makes defense work even more critical.

How does mitigation factor into a death penalty case?
Mitigating circumstances such as lack of criminal history, mental disturbance, extreme duress, or youth can significantly impact whether a jury recommends life rather than death, even with aggravators present. Mitigation evidence must be developed early.

Is a private death penalty attorney necessary?
Yes. Capital cases are extremely complex. Only attorneys with focused capital defense experience have the skills and resources to prepare motions, manage expert witnesses, develop mitigation, and present a cohesive strategy that can change outcomes.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, the Florida Panhandle, and every county in Florida.