January 17, 2013 (Press-News.org) 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
Murder Charge Differentiation in Florida
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.
2013-01-17
ELSE PRESS RELEASES FROM THIS DATE:
Drowsy Driving a Big Safety Hazard for Connecticut Motorists
2013-01-17
How many times have you gotten behind the wheel of a car after staying out late with friends? Or climbed in your vehicle to head to work, even though you hardly got any sleep at all the night before?
A lot of us think of scenarios like this as facts of life. After all, we're busy, and sometimes that means burning the candle at both ends.
In reality, though, drowsy driving is very dangerous -- just as dangerous as drunk driving. Drowsiness impairs reaction time, decreases a driver's ability to perceive hazards, limits judgment and greatly increases the chances of being ...
Data Shows U.S. Never Events Occurring More Frequently
2013-01-17
A media outlet that reports of a story about a man who had the wrong arm amputated or a woman who had a surgical tool left inside her after surgery may seem like astonishing news stories that hardly ever occur. However a new study conducted at Johns Hopkins hospital says these types of "never events," as they are called, actually happen more frequently than most people think.
What is a never event?
"Never events" are events that occur in hospital settings that are inexcusable and should simply never occur. A list of 28 never events were compiled ...
After Newtown School Shooting Gun Laws a Priority for New York Legislators
2013-01-17
Even before the December 14, 2012, mass shooting at Sandy Hook Elementary in Newtown, Connecticut, the number of New Yorkers in favor of stricter gun laws was on the rise. In a Quinnipiac University survey conducted from September 4-9, 2012, and in the wake of the mass shootings at a movie theater in Colorado and a Sikh temple outside of Milwaukee, 61 percent of respondents said stricter gun laws were necessary and 68 percent said they supported legislation to limit firearm purchases to one per month.
With a majority of New Yorkers in favor of further gun regulation ...
Study Finds Bed Alarms Don't Prevent Nursing Home Falls
2013-01-17
Nursing homes and hospitals are supposed to keep our frail and elderly loved ones safe from harm. Unfortunately, this doesn't always happen. The risk of injury is omnipresent when vulnerable populations are being cared for, and some caregivers don't do enough to prevent their patients from being involved in an accident.
Falls are one of the biggest threats affecting elderly and infirm patients. According to data from the U.S. Centers for Disease Control and Prevention, about 1,800 elderly nursing home residents die from injuries sustained in falls each year. Thousands ...
New York Strengthens Felony DWI License Revocation Laws
2013-01-17
In recent years New York State has made important changes to the laws regarding Driving While Intoxicated (DWI). Perhaps some of the most drastic of these changes have come about in just the past two years. In 2010 the interlock requirement was implemented which places a restriction on the license of anyone convicted of a felony or misdemeanor DWI prohibiting the person from driving any vehicle without an interlock breathalyzer device for at least six months.
In September 2012, Governor Andrew Cuomo announced new regulations for those convicted of multiple DWI's over ...
Seminole County Authorities Confirm 50 Arrested in Child-Predator Operation
2013-01-17
After a collective effort of 16 law-enforcement agencies, Seminole County authorities began releasing details about their week-long investigation that was named "Operation Cardea" and targeted individuals attempting to engage in activities that illegally involved minors. Cardea is the Roman Goddess of the hinge, eventually over history being identified as a protector of the home. The sting was conducted at a home located in Seminole County.
Detectives posing as teens between the ages of 11 and 15 landed 50 men ages 19 to 50 in jail. Though many of the suspects ...
Medical Errors Can Be Prevented and Patient Safety Improved
2013-01-17
Computerization of medical records, barcoding for medications, evidence-based medicine and other approaches have been shown to limit injuries and illnesses caused by medical providers and hospitals. Although medical literature frequently reports on techniques that can reduce medical errors, practitioners and institutions have not embraced them very speedily.
Hospitals in particular have been reluctant to implement these error-reduction strategies because many are either expensive, time-consuming or both. But numerous studies have shown that even slight adjustments in ...
Remodel Your Home for the New Year with Granite Countertops from Craftmark
2013-01-17
The New Year is a great time to start home repairs and long-awaited renovations. Now that the holidays are over, take some time to make updates to your home that you haven't had the time to complete. Kitchens are the heart and focal point of many houses, serving as the hub of family activity as well as entertaining guests. Remodeling your kitchen with elegant Atlanta granite countertops is a valuable home improvement that the whole family will use and enjoy for years to come.
Granite has long been the first choice for countertops, and with good reason. There are several ...
Atlanta Pool Service Company, Pinnacle Pool Services, Offers Several Great Deals for Customers
2013-01-17
Pinnacle Pool Services, a premier Atlanta pool service company, would like to announce the promotional offers it provides to new customers. From products to services, these discounts are only available to first time clients. According to Greg Stephens, owner of the Atlanta pool maintenance business, "Our existing clients have expressed great gratitude for the services we offer, so we decided to continue the promotions." Saving money is always a good thing, especially in this economy. Some of the offers Pinnacle Pool Services offers are quite significant.
The ...
Restaurant Catering Supplies Company, Kitchen Inspire, Reveal Perks to Cooking with Stainless Steel Steam Pans
2013-01-17
Stainless steel steam pans can make a difference when preparing and serving food to guests, and Kitchen Inspire has the perfect steam pans that can make your party heated and delicious. If you are setting up a buffet for your party or a party you are catering, you need steam pans, and the professional catering supplies company, Kitchen Inspire, has the equipment you need.
Stainless steel steam pans are designed to help keep food warm on buffet lines, by placing steel pans into a heated steam bath, so while it sits on the table, it can remain warm. Steam pans are important ...
LAST 30 PRESS RELEASES:
Shingles vaccine linked to slower biological aging in older adults
A self-assembling shortcut to better organic solar cells
A two-week leap in breeding: Antarctic penguins’ striking climate adaptation
Climate risks to insurance and reinsurance of global supply chains
58% of patients affected by 2022 mpox outbreak report lasting physical symptoms
Golden Gate method enables rapid, fully-synthetic engineering of therapeutically relevant bacteriophages
Polar weather on Jupiter and Saturn hints at the planets’ interior details
Socio-environmental movements: key global guardians of biodiversity amid rising violence
Global warming and CO2 emissions 56 million years ago resulted in massive forest fires and soil erosion
Hidden order in quantum chaos: the pseudogap
Exploring why adapting to the environment is more difficult as people age
Society for Laboratory Automation and Screening welcomes new scientific director: Madeline M. Farley, Ph.D.
Austrian cow shows first case of flexible, multi-purpose tool use in cattle
Human nasal passages defend against the common cold and help determine how sick we get
Research alert: Spreading drug costs over the year may ease financial burden for Medicare cancer patients
Hospital partnership improves follow up scans, decreases long term risk after aortic repair
Layered hydrogen silicane for safe, lightweight, and energy-efficient hydrogen carrier
Observing positronium beam as a quantum matter wave for the first time
IEEE study investigates the effects of pointing error on quantum key distribution systems
Analyzing submerged fault structures to predict future earthquakes in Türkiye
Quantum ‘alchemy’ made feasible with excitons
‘Revoice’ device gives stroke patients their voice back
USF-led study: AI helps reveal global surge in floating algae
New method predicts asthma attacks up to five years in advance
Researchers publish first ever structural engineering manual for bamboo
National poll: Less than half of parents say swearing is never OK for kids
Decades of suffering: Long-term mental health outcomes of Kurdish chemical gas attacks
Interactional dynamics of self-assessment and advice in peer reflection on microteaching
When aging affects the young: Revealing the weight of caregiving on teenagers
Can Canada’s health systems handle increased demand during FIFA World Cup?
[Press-News.org] Murder Charge Differentiation in FloridaIn 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.