Second Degree Murder in Florida
Murder with a Depraved Mind is committed when a person is killed by an act evincing a depraved mind showing no regard for human life.
Under Florida Statute 782.04(2)-(3), the crime of Second Degree Murder is committed when a person commits either Murder with a Depraved Mind or Accomplice Felony Murder.
Murder with a Depraved Mind
Murder with a Depraved Mind is committed 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 requires a specific and premeditated intent to kill.
Accomplice Second Degree Felony Murder
Accomplice Second Degree Felony Murder occurs when a person acted as an accomplice to a person who killed another human being while engaged in the commission, or attempted commission, of the below statutorily enumerated felonies regardless of whether the death was intended.
- Aggravated abuse of an elderly person or disabled adult,
- Aggravated child abuse,
- Aggravated stalking,
- Aircraft piracy,
- Arson,
- Burglary
- Carjacking,
- Distribution of Controlled Substances
- Escape,
- Home-invasion robbery,
- Kidnapping,
- Murder of another human being,
- Resisting Officer with Violence,
- Robbery,
- Sexual battery,
- Terrorism,
- Trafficking in Controlled Substances, or
- Unlawful throwing, placing, or discharging of a destructive device or bomb.
Penalties for Second Degree Murder
The crime of Second Degree Murder is a First Degree Felony in Florida and punishable by up to life in prison, life on probation, and a $10,000 fine.
Second Degree Murder is assigned a Level 10 offense severity ranking under Florida’s Criminal Punishment Code. Absent grounds for a downward departure sentence, a judge is required to sentence a person convicted of Second Degree Murder to a minimum sentence of 16¾ years in prison, but may also sentence the person up to the statutory maximum of life in prison.
10-20-Life Mandatory Prison Sentence
Under Florida’s 10-20-Life law, a person who uses a Firearm to commit Second Degree Murder must be sentenced to a mandatory minimum sentence of 25 years in prison. [1]
Defenses to Second Degree Murder
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Second Degree Murder are Excusable Homicide, Justifiable Homicide, or Self-Defense.
Excusable Homicide
The killing of a human being is excusable, and therefore lawful, under any one of the following three circumstances:
- 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
- When the killing occurs by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or
- 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.
Justifiable Homicide
The killing of a human being is justifiable homicide and lawful if done while resisting an attempt by someone to kill you or to commit a felony against you.
Self Defense
Also known as the justified use of deadly force, self defense is a defense to the crime of Second Degree Murder. Please view the Florida Self Defense section for more information.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Second Degree Murder in Central Florida or the greater Orlando area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.