For the state of Florida The crime of Second Degree Murder occurs when a person commits either:
Murder with a Depraved Mind or Accomplice Felony Murder 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: Aggravated abuse of an elderly person or disabled adult, Aggravated child abuse, Aggravated stalking, Aircraft piracy, Arson, Burglary Carjacking, Distribution of Controlled Substances Escape, Home-invasion robbery, Kidnapping, Murder of another human being, Resisting Officer with Violence, Robbery, Sexual battery, Terrorism, Trafficking in Controlled Substances, or Unlawful throwing, placing, or discharging of a destructive device or bomb. 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. 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. Manslaughter in Florida Definition of Manslaughter The crime of Manslaughter can be committed in one of three ways, either by: Manslaughter by Act: Committing an act that was neither excusable, nor justified that resulted in the death of another person. Manslaughter by Procurement: Persuading, inducing, or encouraging another person to commit an act that resulted in the death of another person. Manslaughter by Culpable Negligence: Engaging in "Culpably Negligent" conduct that resulted in the death of another person. Penalties for Manslaughter The crime of Manslaughter is classified as a Second Degree Felony and is assigned a Level 7 offense severity ranking under Florida's Criminal Punishment Code. If convicted of Manslaughter, a judge is required to impose a minimum prison sentence of 9¼ years in prison and can impose any additional combination of the following penalties: Up to 15 years in prison. Up to 15 years of probation. Up to $10,000 in fines. Defenses are the same as above. J - Ninety percent of politicians give the other ten percent a bad reputation. - Henry Kissinger Politicians are people who, when they see light at the end of the tunnel, go out and buy some more tunnel. - John Quinton ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Order the Adobe Coldfusion Anthology now! http://www.amazon.com/Adobe-Coldfusion-Anthology/dp/1430272155/?tag=houseoffusion Archive: http://www.houseoffusion.com/groups/cf-community/message.cfm/messageid:349781 Subscription: http://www.houseoffusion.com/groups/cf-community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/groups/cf-community/unsubscribe.cfm
