Murder Charge Differentiation in Florida

January 17, 2013

In the state of Florida, as in many other states, there are different degrees of murder that a person can be charged with. The different degrees correspond to a more or less harsh penalty, depending on the facts of each case. The degree of murder that a person is charged with depends on the level of culpability with which the person committed the crime.

A local case involving a fatal confrontation

Recently in Jacksonville, a white man shot a black teenager after the two had an argument about rap music. The teenager was standing at a gas station when he was shot, and the man quickly drove away after firing the shot. The man was initially charged with second degree murder, but the state attorney's office later decided to up the charge to first degree murder. In the state of Florida, this means a grand jury indictment is required.

The difference between murder charges

First degree and second degree murders require that the killing was intentional. This means that the person who committed the murder acted with purpose, and assaulted another knowing the actions would likely result in death. Death does not need to be certain, but a reasonable person would expect the death to happen.

The difference between first and second degree murder comes down to the state of mind of the person committing the crime. First degree murder must be premeditated. A premeditated murder contains a plan that is carried out. These plans do not need to be thought up a certain amount of time in advance. However, there must be enough time for the person to think about what he or she is going to do before it happens.

Second degree murder, on the other hand, does not require premeditation. Second degree murders are impulsive. They are still intentional, and the person charged must have acted in a way that a reasonable person would expect was going to seriously injury another or have acted with depraved indifference to another human life. These murders are typically in the heat of the moment and sometimes escalate from arguments, anger or extreme emotion.

The importance of a good attorney

When it comes to being charged with murder, a lot is at stake. Anyone charged with murder should contact an experienced Florida criminal defense attorney. Criminal defense attorneys put work to prepare a strong defense and know what defenses will apply to each scenario.

Having a criminal defense attorney helps to ensure that the client will get the fair and impartial trial that he or she deserves. A good criminal defense lawyer can be the difference between a first degree and second degree charge, and no person charged with murder should have to face the experience alone.

Article provided by The Wilbur Smith Law Firm
Visit us at www.wilburlaw.com