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.
Bellamy v. State: On imminently dangerous.
Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation
If you have been arrested or believe you will soon be arrested for the offense of murder in the second degree in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.
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