What is murder in the second degree in Florida?
The crime of Murder in the Second Degree is a First Degree Felony that is punishable up to 30 years in prison and $10,000 fine.
This offense occurs when:
- Victim is dead.
- The death was caused by the criminal act of person.
- There was an unlawful killing of victim by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life.
An “act” includes a series of related actions arising from and performed pursuant to a single design or purpose.
An act is “imminently dangerous to another and demonstrating a depraved mind” if it is an act or series of acts that:
- a person of ordinary judgment would know is reasonably certain to kill or do serious bodily injury to another, and
- is done from ill will, hatred, spite, or an evil intent, and
- is of such a nature that the act itself indicates an indifference to human life.
Some of the defenses to Murder in the Second Degree are:
- Person acted in self-defense.
- Person did not commit a criminal act.
- The act was not imminently dangerous to another.
References:
Bellamy v. State: On imminently dangerous.
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