In Florida, difference between 1st Degree Murder and 2nd Degree Murder

[Little-Acorn]

Looks like Florida prosecutors will charge Zimmerman with 2nd Degree Murder.

I wondered what the difference was between 1st Degree Murder and 2nd Degree Murder, under Florida law.

Found the following on the internet (ooh, there's a reliable source!), from someone who claims to be a "Criminal Defense Attorney" in Rockledge, FL:

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In Orlando fl, what factors drop first degree charge down to second degree and what's maximum sentence for second if convicted?

Jeffrey David Boston , Criminal Defense Attorney in Rockledge, FL:

Basically speaking, 1st degree murder is murder that was planned, whereas 2nd degree murder is murder that was unplanned. One common factor, and sometimes the sole reason, for the prosecutor's office lessening the charge to 2nd degree murder is that it does not believe it can prove beyond a reasonable doubt that the murder was premeditated.

Being found guilty of 1st degree murder typically results in a sentence of death or life in prison. A 2nd degree murder conviction results in prison for years. How many depends on several factors, including the facts of the case, the defendant's criminal record, and the players present in the courtroom. There would not be a death or life imprisonment sentence.

Source: http://www.avvo.com/legal-answers/what-s-difference-in-first-and-second-degree-murde-545642.html

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Anybody know if this is accurate? Anything more to add?

BTW, what's the difference (in Florida) between "Manslaughter" and "Murder"?

[jimnyc]

I'm just peeking around now, but here's a page with specifics:


Definition of Second Degree Murder The crime of Second Degree Murder occurs when a person commits either:


Murder with a Depraved Mind (http://www.richardhornsby.com/crimes/homicide/second-degree-murder.html#Depraved-Mind) or
Accomplice Felony Murder (http://www.richardhornsby.com/crimes/homicide/second-degree-murder.html#Felony)

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 (http://www.richardhornsby.com/crimes/homicide/first-degree-murder.html) 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:



http://www.richardhornsby.com/crimes/homicide/second-degree-murder.html

[Thunderknuckles]

2nd degree murder usually involves a killing with "malice" or a "depraved mind" as Jim mentioned.
Voluntary Manslaughter is usually a "heat of the moment" type of thing. No depravity or malice.
But , this can vary by state and I don't know what the specifics are in Florida.

My take is that the prosecutor is aiming high in order to get a plea deal that could result in a Voluntary Manslaughter conviction. It seems to me that 2nd Degree Murder will be an uphill slog considering this was done in self defense and as we've seen in the past, if you aim to high you may come away with nothing and that's when the rioting starts. Hell, it may start even with a Voluntary Manslaughter conviction.

[darin]

wonder if that was the charge publicized SIMPLY to ward-off riots and burning from the animals we've seen already congregated there.

[Anton Chigurh]

wonder if that was the charge publicized SIMPLY to ward-off riots and burning from the animals we've seen already congregated there.All the "justusbots" want is a arrest on some kind of charge with the word 'murder' in it, and a perp walk.

[Kathianne]

Based upon what has been reported, which may or not be facts, I'd be surprised at a manslaughter charge, much less second degree murder. Seems more than excessive, with what's been reported.

[gabosaurus]

From news reports coming out of Orlando, the state actually put a lot of thought into it. The prosecutor said she would only accept a charge that had a basis in law.
I personally believe he will be tried and found not guilty. Under current Florida law, Zimmerman's plea of self defense has no acceptable legal challenge.

[logroller]

manslaughter usually involves culpable negligence for human life. Shooting a gun into a house believed to be unoccupied, which wasn't, killing somebody-- that's manslaughter. Florida has/is in the process of changing their instructions on manslaughter (http://www.floridasupremecourt.org/decisions/probin/sc07-2324_Report.pdf), making it easier to prove IMO. As opposed to murder, which is intent to kill, ie malice. Degrees of murder, as mentioned, 1st has premeditation (malice aforethought), second degree does not(malice). I'm only familiar with Cali's laws on the specific instructions, but here it makes no designation on time for premeditation; meaning, you could premeditate murder minutes or seconds before committing the murder and have it be 1st degree.
Here's a link (http://www.floridasupremecourt.org/jury_instructions/instructions.shtml#) detailing all the current Florida laws, exceptions for all homicide.