Second-Degree Murder in Brevard County

According to an August 2017 report on WTVR, the father of a murdered woman forgives the man who allegedly killed his daughter in Charlottesville. The Brevard County man said he forgave the man accused of killing his daughter at the Unite the Right rally.

The accused, from Ohio, allegedly drove his vehicle into a crowd of counter-protesters. The father said he learned about his daughter’s death when her mother called him. He called the 20-year-old man stupid. He said he forgives the man because he is the one who has to live with the consequences of taking someone’s life for the rest of his life.

The man was charged with second-degree murder in Charlottesville. The case has not yet been resolved.

What is First-Degree Murder in Brevard County?

First degree murder is homicide with malice. Homicide is the killing of a human being. It is not murder until it has been determined as an unjustified homicide. Murder is done with the intent to kill, premeditation, and deliberation.

What is Second-Degree Murder in Brevard County?

Second-degree murder is the act of homicide done without malice or justification. The killing of another happens because of a heat of passion or the individual acting in a dangerous manner. Second-degree murder is the catchall murder degree for killing that does not fit first-degree murder.

Elements of a Second-Degree Murder Charge in Brevard County

An individual charged with murder cannot be convicted unless prosecutors prove beyond a reasonable doubt that he or she is guilty. Florida has specific steps, called elements, to prove that second-degree murder happened.

Second-degree elements are:

  • The victim died
  • The death was caused by the defendant’s criminal act
  • The death was an unlawful homicide done because of the defendant’s disregard for human life and an imminently dangerous act

A criminal act refers to violating any statute. It could be a statute such as robbery or assault. The criminal act may arise from a single event or a series of events that created a dangerous condition. This dangerous element led to the victim’s death.

A second-degree murder charge relating from disregard for human life means the defendant could have reasonablly known their actions could have put lives in danger. However, they decided to commit the dangerous act anyway.

The Henderson Legal Group is Your Attorneys in a Brevard County Second-Degree Murder Case

A second-degree murder conviction will not result in the death penalty. It does include a possible life sentence, however.

If you or a loved one is accused of second-degree murder, contact us immediately. The key to avoiding the harsh penalties associated with a second-degree murder charge is a strong defense. A strong defense includes self-defense, justification, and excuse. An excuse is a defense involving some legal reason why you committed second-degree murder.

We will base your defense on the facts of the case and your version of events. Contact us immediately for help.