Murder in the Second Degree

The State must prove the victim is dead, the death was caused by the criminal act of the defendant and there was an unlawful killing of the victim by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life. My Professor in law school used to call this "Depraved heart or mind murder." 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.

In order to convict of Second Degree Murder, it is not necessary for the State to prove the defendant had an intent to cause death.

 

 

Defenses to Murder Charges

Self Defense as a Defense to Murder
Defense of Others as a Defense to Murder
Justifiable Homicide as a Defense to Murder
Excusable Homicide as a Defense to Murder

 

Florida Murder Defense Lawyer

Self Defense as a Defense to Murder

He hit me first! I was just defending myself! Often, the best defense to a murder or homicide charge is self-defense. The essence of self-defense is someone hit you first, pulled a dangerous weapon or a gun on you or you thought they were going to immediately hit or shoot you and you shot or struck them. The whole issue at trial is going to be whether your actions of self-defense were reasonable. For instance, you cant shoot somebody if they are only using their hands to punch you. However, if the other person had a gun, thats a different story. Generally, the defense has no burden of proof. However, with a self-defense claim, we have to prove that you reasonably believed your conduct was necessary to defend yourself against the accusers imminent use of unlawful force. Also, we must prove that the use of unlawful force by the accuser must have appeared to you to be ready to take place.

In Florida, there is no duty to retreat. The legislature, after much lobbying from the National Rifle Association, passed this law. This relatively new "stand your ground" law is an excellent tool for murder or homicide criminal defense lawyers. You now have the right to defend yourself and stand your ground, even using deadly force with a gun, if you are abiding by the law and get attacked. However, you must reasonably believe your actions were necessary to prevent death or great bodily harm.

The jury must judge you by the circumstances you were surrounded by at the time the force was used. Every case is different. What is reasonable self-defense is defined by the jury that you and your criminal defense lawyer pick.

 

Defense of Others

I was just protecting another person from a maniac! Thats essentially the defense of others.

The whole issue at trial is going to be whether your actions in defending another person were reasonable. For instance, for defense of others, you cant shoot somebody if they are only kicking the other person with their feet. Generally, the defense has no burden of proof. However, with a defense of others claim, we have to prove that you reasonably believed your conduct was necessary to defend another person against the accusers imminent use of unlawful force. Also, we must prove that the use of unlawful force by the accuser took place or must have appeared to you to be ready to take place.

The jury must judge you by the circumstances you were surrounded by at the time the force was used. Every case is different. What is reasonable defense of others is defined by the jury that you and your criminal defense lawyer pick.

 

Justifiable Homicide

The killing of a human being is justifiable homicide and lawful if necessarily done while resisting an attempt to murder or commit a felony upon the defendant, or to commit a felony in any dwelling house in which the defendant was at the time of the killing.

 

Excusable Homicide

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

1. 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

2. When the killing occurs by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or

3. 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.

"Dangerous weapon" is any weapon that, taking into account the manner in which it is used, is likely to produce death or great bodily harm.