Florida Second Degree Murder Laws

Florida statutes classify degrees of murder differently based on the severity of the crime. Second-degree murder, although not as severe as first-degree murder, is still one of the most serious criminal charges. It can carry potential life imprisonment and fines.

This article explains the two types of second-degree murder in the state of Florida.

If you're facing criminal charges in Florida, seek legal advice from a criminal defense attorney. They can help protect your rights and develop a strong defense strategy for your case.

Second Degree Murder Charges in Florida

Florida Statutes § 782.04 recognizes two forms of second-degree murder. Each form carries different key elements and arises under varying circumstances.

Depraved Mind Murder

Depraved mind murder occurs when a person commits an act that is extremely dangerous to others. Although the defendant doesn't plan or intend to kill any specific person, the act shows a disregard for human life.

To secure a conviction, prosecutors must prove the following elements beyond a reasonable doubt:

• The defendant committed an act that is imminently dangerous to others.
• The act showed a complete disregard for human life.
• There was no premeditated plan to kill.

Courts typically describe this "depraved mind" state as a heightened disregard for human life. Common examples of depraved mind murder include:

• Firing a weapon into an occupied building or vehicle
• Driving a vehicle at extremely high speeds through a crowded area
• Throwing heavy objects from an overpass onto traffic below
• Engaging in extremely reckless behavior while knowing it could likely cause death

The key distinction between first-degree and depraved mind second-degree murder is the absence of premeditation. In most cases, while someone's actions are extremely dangerous and show complete disregard for others' safety, if the person did not plan or intend to kill anyone, the charge remains second-degree murder.

Felony Murder

Florida law also recognizes some types of felony murder as a second-degree murder charge. In a felony murder case, the court can charge a defendant with murder if someone dies as a result of the defendant’s participation in a felony.

This complex legal concept applies in situations like these:

• Jack and Jill commit a robbery. During the robbery, Jack kills a security guard. Jill can be charged with felony murder.
• Steve breaks into a house to commit a burglary with Tyler. The homeowner kills Tyler. Steve can be charged with felony murder.
• Casey committed a kidnapping. During that kidnapping, a law enforcement officer accidentally kills the victim while attempting to rescue them. Casey can be charged with felony murder.

In Florida, prosecutors can bring a second-degree murder charge if someone dies during the commission of specific dangerous crimes, including:

• Arson
• Aircraft piracy
• Aggravated child abuse
• Aggravated stalking
• Carjacking
• Home-invasion robbery
• Sexual battery
• Robbery
• Burglary
• Kidnapping
• Human trafficking

However, in a Florida second-degree felony murder case, the actual killing is done by someone other than the defendant. The example above, where the homeowner kills Steve’s co-conspirator, would apply here.

For this type of second-degree murder, prosecutors must prove that the defendant either committed or attempted to commit one of the enumerated felonies. Then, during the commission of the felony, a death occurred, and the person who actually caused the death was not the defendant.

If the defendant or their accomplice kills someone themselves during the commission of an enumerated felony, it is first-degree felony murder. Third-degree felony murder applies to deaths during non-enumerated felonies.

Penalties for Second-Degree Murder

Despite being called "second-degree murder," Florida law classifies this crime in the punishment category of a first-degree felony with enhanced penalties. This means it carries the following penalties:

• Maximum sentence: Up to life imprisonment
• Mandatory minimum sentence: If a firearm was used and discharged causing death or great bodily harm, Florida law requires a mandatory minimum sentence of 25 years

A judge determines the actual sentence based on several factors established in Florida's sentencing laws. These factors may include the defendant's criminal history, weapon use, and aggravating or mitigating factors.

For comparison, Florida state law classifies first-degree murder as a capital felony, which could result in the death penalty.

Key Defenses to Second-Degree Murder Charges

Several defenses may be particularly effective against second-degree murder charges:

Self-Defense and Stand Your Ground Laws

Florida's self-defense laws provide important protections for those facing second-degree murder charges. Under what's commonly known as the "Stand Your Ground" law, you have the right to protect yourself without first attempting to retreat from danger.

To fall under justified use of deadly force, you must reasonably believe that using such force was necessary to prevent imminent death or great bodily harm to yourself or another. Or to prevent the imminent commission of a forcible felony. You should not be engaged in any criminal activity. You must be in a place where you have the legal right to be.

For home protection, Florida law creates a presumption of reasonable fear when someone unlawfully and forcibly enters your dwelling, residence, or occupied vehicle. This provides strong legal protection in home invasion scenarios.

Challenging the "Depraved Mind" Element

For depraved mind murder charges, the defense may focus on challenging whether the actions showed "depraved mind."

If the defendant shows that the conduct, although reckless, did not rise to the level of depravity of having no regard for human life, this could reduce the charge to manslaughter or another lesser offense.

Heat of Passion

The "heat of passion" defense can reduce second-degree murder charges to manslaughter. It may even qualify as excusable homicide. Under Florida Statutes, excusable homicide occurs when a person commits an accident and misfortune during an intense emotion or in the heat of passion.

For heat of passion as a defense to apply:

• There must be a serious, adequate provocation
• The killing must occur before you have time to calm down or "cool off."
• There must be a clear connection between the provocation, your emotional state, and the killing

This intense emotion must be triggered by sudden and sufficient provocation, the kind that would cause an ordinary and reasonable person to lose control.

Seek Legal Representation Immediately

If you or someone you know is facing criminal charges in Florida, it is crucial to seek legal representation. A criminal defense attorney can help protect your rights and develop potential defenses under Florida criminal law. They can look at the facts of your case and help you secure the best possible outcome.