04-11-2012, 06:14 PM
Second degree murder cases often involve a death that allegedly occurred because of a heat of passion or act that was so dangerous is warrants a criminal action be brought against the Defendant. The classic example is the spouse who finds their partner having an affair with another person and immediately acts to kill either the partner or the partner's lover. In order to convict a defendant in Florida of Second-degree murder, the State of Florida must prove the following three elements beyond a reasonable doubt:
1. The victim is dead;
2. The death was caused by the criminal act of the defendant;
3. There was an unlawful killing of the victim by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life.
From the Arnold Firm, LLC website
1. The victim is dead;
2. The death was caused by the criminal act of the defendant;
3. There was an unlawful killing of the victim by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life.
From the Arnold Firm, LLC website