Second degree murder is committed when someone commits what is called Murder with a Depraved Mind, or Accomplice Felony Murder.

• Murder with a Depraved Mind refers to a person who is inadvertently killed by an act committed with little or no regard for human life.
  • There is no premeditation in murder with a depraved mind, but a reckless disregard for the safety of another person’s life coupled with intent and an understanding of the consequences of the behavior makes the killing an intentional act.

• Accomplice Second Degree Felony Murder occurs when a person chooses to act as an accomplice to a person who kills someone else while engaging in committing or attempting to commit a felony that falls under specific statutory guidelines.
  • This charge would apply regardless of intention.

Second degree murder constitutes a first-degree felony, punishable by up to life in prison, and a $10,000 fine. Barring grounds for a downward departure, a person convicted of murder in the second degree faces a mandatory minimum sentence of 16 ¾ years in prison.

First degree murder applies only to premeditated murders or felony murder.

• Premeditated Murder refers to a murder committed intentionally, as part of a pre-planned course of action.
• Felony Murder is committed when a person commits a killing of another person during the act or attempted act of committing a felony that falls under specific statutory guidelines.

Murder in the First Degree is a Capital Offense punishable by life in prison without the possibility of parole, or the death penalty. The option to seek the death penalty is decided by the prosecutor.

Defense against charges of having killed someone are constrained by circumstances pertinent to what led up to the killing. Specific defenses include:

• Excusable homicide – When a person is killed by accident or misfortune during a lawful act and without intent or recklessness, this can constitute a viable defense to homicide.
  • This would apply to acts committed in the heat of passion, or resulting from sudden combat providing no weapon was used, and the killing was not done in a cruel or unusual fashion.
• Justifiable homicide – Killing a human being involved in the act of trying to kill the defendant can be defended on the grounds of self-defense.
• Self Defense – A killing that stems from a reasonable use of deadly force in response to reasonable fear of imminent death or profound bodily harm.
  • Self-defense does not apply if the defendant instigated the situation or responded with a level of force that was out of proportion to the level of perceived threat.
    • This means responding to a punch in the arm with firing six bullets at point blank range would not be considered a viable defense to a homicide charge.
  • Self-defense also cannot be used as a defense if the killing occurred after the immediate threat of death or bodily harm has passed. Once the threat has been removed, further action becomes unlawful.
• The Stand Your Ground Law – means a person who is attacked has no duty to retreat, and has the right to defend themselves, or “stand their ground” and meet force with force, including deadly force if deemed necessary.

If you are facing homicide charges, contact Robert Zlatkin, Ocala criminal defense lawyer. Robert Zlatkin has the courtroom experience and legal expertise needed to contest such gravely serious charges. He will address your case with the utmost professionalism and respect.