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Second Degree Murder in Florida

If accused of Second Degree Murder in Florida, you need to know the:

Definition of Second Degree Murder

The crime of Second Degree Murder occurs when a person commits either:

Murder with a Depraved Mind

Murder with a Depraved Mind occurs when a person is killed, without any premeditated design, by an act imminently dangerous to another and evincing a depraved mind showing no regard for human life.

The primary distinction between Premeditated First Degree Murder and Second Degree Murder with a Depraved Mind is that First Degree Murder requires a specific and premeditated intent to kill.

Accomplice Felony Murder

Accomplice Felony Second Degree Murder occurs when you are an accomplice to a person who kills another human being while engaged in the commission, or attempted commission, of the following statutorily enumerated felonies, regardless of whether they intended the death:

Penalties for Second Degree Murder

The crime of Second Degree Murder is classified as a First Degree Felony and is assigned a Level 10 offense severity ranking under Florida's Criminal Punishment Code.

If convicted of Second Degree Murder, a judge is required to impose a minimum prison sentence of 16¾ years in prison and can impose any additional combination of the following penalties:

  • Up to Life in prison.
  • Up to Life on probation.
  • Up to $10,000 in fines.

10-20-Life

Under Florida's 10-20-Life law, a person who uses a Firearm to commit Second Degree Murder must be sentenced to a minimum-mandatory prison sentence of 25 years. [1]

Defenses to Second Degree Murder

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Second Degree Murder are:

Excusable Homicide

The killing of a human being is excusable, and therefore lawful, under any one of the following three circumstances:

  • When the killing is committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution and without any unlawful intent, or
  • When the killing occurs by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or
  • When the killing is committed by accident and misfortune resulting from a sudden combat, if a dangerous weapon is not used and the killing is not done in a cruel or unusual manner.

Justifiable Homicide

The killing of a human being is justifiable homicide and lawful if done while resisting an attempt by someone to kill you or to commit a felony against you.

Self Defense

Also known as the justified use of deadly force, self defense is a defense to the crime of Second Degree Murder. Please view the Florida Self Defense section for more information.

Contact Criminal Defense Lawyer Richard Hornsby

If you have been arrested or charged with the crime of Second Degree Murder in Central Florida or the greater Orlando area, please contact Criminal Defense Lawyer today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

References

  1. 10/20/Life