On June 13, 2025, Florida enacted SB 653, a law that adds a new aggravating factor for capital felony sentencing. The law takes effect on July 1, 2025, and applies to certain crimes involving high-level government figures.
The new law creates an additional aggravating factor for capital felonies. Courts may now consider it an aggravating factor if:
The victim was a head of state or their immediate family.
The crime occurred while the defendant attempted or committed a crime against a head of state, even if the actual victim was someone else.
Aggravating factors influence sentencing and can lead to life imprisonment or the death penalty.
Defendants facing capital charges must understand how this new law can change their sentencing exposure. Prosecutors can argue that the presence of a head of state—even indirectly—justifies harsher penalties. Judges now have an added factor to weigh in sentencing.
Attorneys must prepare to defend against this added complexity. Every word in the charging document matters, and every aggravating factor can raise the stakes.
The law takes effect on July 1, 2025. It applies to qualifying crimes committed on or after that date. Anyone charged with a capital felony after this date could face the impact of SB 653 during sentencing.
Capital felony cases carry the harshest penalties allowed under Florida law. When aggravating factors are involved, those penalties become even more likely. A strong legal defense must anticipate the State’s strategy and challenge aggravating factors when possible.
Attorney Rocky Brancato has more than 25 years of experience handling the most serious criminal charges in Florida. He previously served as second-in-command at the Hillsborough County Public Defender’s Office and now leads The Brancato Law Firm, P.A. He personally handles every case and brings deep experience in death penalty litigation and felony sentencing.
If you or a loved one is facing a capital felony charge, do not wait. The earlier you involve a skilled defense attorney, the better your chances of building a strong case.
Call (813) 727-7159 or visit www.brancatolawfirm.com to schedule a confidential consultation. The firm serves clients in Tampa, Hillsborough, Pinellas, and Pasco counties.