Second Degree Murder in Florida

SECOND DEGREE MURDER IN FLORIDA – An Insight by an Experienced Orlando Attorney

What are the Elements of Second Degree Murder in Florida?

Under Sec. 782.04, Florida Statutes, the elements of Second Degree Murder in Florida are:

• A person killed another human being by any act imminently dangerous to another and evincing a depraved mind with no regard for human life, but without a premeditated design to cause any person’s death; OR
• A person was committing or attempting to commit any of the following felonies when a person was killed by someone who was not involved in perpetrating the felony:
  • Trafficking in a Controlled Substance;
  • Arson;
  • Sexual Battery;
  • Robbery;
  • Burglary;
  • Kidnapping;
  • Escape;
  • Aggravated Child Abuse;
  • Aggravated Abuse of an Elderly Person or Disabled Adult;
  • Aircraft Piracy;
  • Unlawful Throwing, Placing, or Discharging of a Destructive Device or Bomb;
  • Carjacking;
  • Home-invasion robbery;
  • Aggravated Stalking;
  • Murder of Another Human Being;
  • Resisting an Officer with Violence;
  • Aggravated Fleeing or Eluding with Serious Bodily Injury or Death; or
  • Act of terrorism or in furtherance of an act of terrorism that is a felony.

For a death that occurred during any of the felonies listed above, note that it is second degree murder only if the person who killed the victim was not an accomplice, such as a police officer who accidentally shoots a bystander while trying to stop the felony. If it was an accomplice who killed the victim, then anyone else involved in perpetrating the felony is charged with First Degree Murder as though they killed the victim themselves.

What are the Penalties for Second Degree Murder in Florida?

Second Degree Murder is a first-degree felony in Florida, punishable by up to life imprisonment and a $10,000 fine.

• For second degree murder caused with a depraved mind, the charge carries a severity level of 10 (or 116 points) under the Criminal Punishment Code. Then 240 points are added because of the victim’s death. Assuming there are no other aggravating circumstances, this translates to a minimum permissible sentence of 246 months (20.5 years) in prison. The judge cannot impose a lesser sentence unless special circumstances exist for what is called a “downward departure” from the minimum sentence.
• For second-degree murder caused during any of the felonies listed above, the charge carries a severity level of 9 (or 92 points) under the Criminal Punishment Code. With 240 points added to reflect the victim’s death, the minimum permissible sentence is 228 months (19 years) in prison if there are no other aggravating circumstances.

How Can I Fight a Charge of Second-Degree Murder in Florida?

Self-Defense

Florida has very strong self-defense laws. Enacted in 2005, Florida’s “Stand Your Ground” laws entitle you to defend yourself and other people if you reasonably believe it is necessary to prevent imminent harm. When it comes to deadly force, Sec. 776.013, Florida Statutes, authorizes the use or threat of such force when you reasonably believe it is necessary to protect yourself or another from imminent death or great bodily harm or to prevent the commission of a forcible felony.

These laws also eliminated the “duty of retreat.” Before, someone who was being assaulted was required to try to escape if possible before he or she could resort to self-defense; now, as long as you are in a place in which you have a right to be, you can use the appropriate level of force to protect yourself without trying to escape first.

Excusable Homicide

Not every homicide is a crime—sometimes accidents happen, and sometimes it would be unfair to hold someone criminally responsible for another person’s death. Section 782.03, Florida Statutes, describes three types of instances where homicide is considered “excusable”: (1) when the homicide is committed by accident and the defendant was acting lawfully, exercising ordinary caution, and lacking any unlawful intent; (2) when the homicide is committed by accident in the heat of passion, after a sudden and legally sufficient provocation; and (3) when the homicide is committed upon sudden combat and the defendant neither used a dangerous weapon nor acted in a cruel and unusual manner. Note that this relates only to a criminal case, as you may still be sued civilly for causing a wrongful death.

Other Potential Defenses

Here are just a few of the myriad other strategies we can use to challenge the State’s case or prove your innocence:

Motion to Suppress

One of the most common defenses is the motion to suppress, which seeks to exclude evidence that was obtained in violation of your constitutional rights.

Alibi Defense

Another potential defense is the alibi defense, where you provide evidence that you were elsewhere when the alleged crime occurred, making it impossible for you to have committed the crime.

At Leppard Law, we can use these and other strategies to challenge the State’s case or prove your innocence. Our experienced attorneys can take the steps necessary to challenge any restraining orders or charges you may currently face.

FAQs

1. What is the punishment for Second Degree Murder in Florida?

Second Degree Murder is a first-degree felony in Florida, punishable by up to life imprisonment and a $10,000 fine.

2. What constitutes Second Degree Murder?

Second Degree Murder involves a person who killed another human being by any act imminently dangerous to another and evincing a depraved mind with no regard for human life, but without a premeditated design to cause any person’s death, or while committing or attempting to commit any of a list of specific felonies.

3. Can I fight a charge of Second Degree Murder in Florida?

Yes, there are several defenses available to fight a charge of Second Degree Murder in Florida, including demonstrating that the alleged crime served a legitimate purpose or providing an alibi.

4. How can Leppard Law help me with a charge of Second Degree Murder?

Leppard Law can help by challenging the State’s case, proving your innocence, or moving to throw out evidence that was obtained in violation of your constitutional rights.

GET THE BEST POSSIBLE CRIMINAL DEFENSE LAWYER NOW!

Murder cases are extremely complex. Evidence that appears at first glance to be strong–however, a skillful lawyer can find often find weaknesses in even the strongest case. Effective defense begins by thoroughly investigating the facts, the way it happened, and the reasons. Understanding the facts and understanding your potential role in the event helps us develop efficient defense strategies.

If you’re being charged with murder in the first or second degree you’re likely to face some of the most severe penalties available. This is why it is essential to find the most experienced criminal defense lawyers to defend you. We sincerely promise to fight with vigor and defend your rights and your freedom. We don’t avoid the tough cases–we enjoy fighting for our clients. These tough cases are the clients who need us the most!

If you’re accused of murder, you might be feeling alone. You don’t have to tackle this tough legal fight by yourself. The time is limited, and you require the most effective defense attorney.

Contact Leppard Law Criminal Lawyers at 407-476-4111 and begin the first step toward fighting for your freedom.