Zimmerman has been arrested and charged with second degree murder. He is currently in custody and will probably not be released.
Being charged with second degree murder he faces severe jail time.
Second Degree
Murder
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:
- The victim is dead;
- The death was caused by the criminal act of the defendant;
- 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.
Understanding a second degree murder can be more confusing than the more
serious first degree murder. The "criminal act" reference in the statute must be
a single event or series of related actions arising from and performed pursuant
to a single design or purpose of committing the murder or creating the dangerous
condition that led to the death. Although second-degree murder can carry a
potential incarceration of up to life in prison, the death penalty cannot be
imposed on a person found guilty of second-degree murder.
Whether a Defendant's actions could have been reasonably foreseen as
endangering a human life to the point of warranting a prosecution is a question
for the jury and where a skilled defense lawyer can be most helpful. Examples
may include the negligent supervision of a child or of the elderly by an adult,
or other reckless behavior that led to the death of another person.
Unlike in a first degree or felony murder prosecution, a grand jury does not
need to indict the defendant before a prosecution may begin. Second degree
murders often are decided on the "common sense" of the jury. Whether a person's
actions amount to the requisite intent or recklessness to warrant conviction is
often left up to the jury's determination.
The defense of a second degree murder often comes from a defense's argument
that the death was justified, excusable, or was self-defense. A Board Certified
Criminal Trial Lawyer can help defend in your Florida Second Degree Murder
charge.
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Like I said earlier, Zimmerman would be charged for the unlawful killing of a human being while committing an unlawful act.
I was correct.
Peace
TOS