People think that murder is the worst act that someone can do. A person who is being accused may often try to say they are innocent of all charges. On the other hand, sometimes it’s not about guilt or innocence, but about getting the harshest term possible. That being said, it’s important to know the different types of murder that a person can be charged with.
First Degree Murder
First degree murder is the worst kind of murder charge. This is murder that was planned and thought out ahead of time. When someone is suspected of murder, courts will often ask if they could have changed their mind. If they could have, then they had plenty of time to plan the murder. There is no time limit. For example, a certain amount of time does not have to have passed for murder to have been planned ahead of time. It could be first-degree murder if it was done on purpose, with thought, and with a plan.
Second Degree Murder
Second-degree murder is killing someone without planning to do it. It’s the crazy, angry thing they did. One well-known example is road rage, which is when someone is very angry and hurts someone else.
Second-degree murder can also be an act that is so careless that it will definitely lead to death. For example, you can’t hit someone over the head with a rock and then say you didn’t mean to kill them. That’s second-degree murder because the action was so risky and careless that someone was almost certain to die or get seriously hurt.
Third Degree Murder
In many places, third degree murder is called willing manslaughter. In Florida, though, it is just called third degree murder. In this kind of murder, the person didn’t mean to kill someone, but they did mean to do something cruel. It could also be a “crime of passion” killing, which happens when someone is so angry and confused that they can’t control their feelings.
Someone who “accidentally” kills someone they thought was an intruder or a spouse who admits to cheating is a classic case. The question is whether, given the facts, a sensible person would be pushed to mental pain, trauma, or impulse. Keep in mind that these things won’t explain or justify the murder; they will only make it less of a crime, which means less of a punishment.
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Involuntary Manslaughter
When someone is so careless, reckless, or guilty that they cause a death, even though they didn’t mean to, they are charged with involuntary manslaughter. Such as a drunk driver who might not mean to kill anyone when they get behind the wheel. If someone dies because of a doctor who gives too much medicine, even if they “just want to help,” they could be charged with first-degree murder. If a police officer is legally arresting someone but kills someone by using too much force, they can also be charged with involuntary murder.
The Act of Killing Another Human Being
The main difference between a felony offense and a misdemeanor is whether the crime is one that can be tried as murder in Florida. The classification and seriousness of misdemeanor crimes are much lower than those of felonies. You can be charged with a misdemeanor for shoplifting, driving while impaired, some types of domestic violence, vandalism, criminal mischief, disorderly conduct, marijuana possession, fighting arrest without violence, and trespassing.
You’re not the only one who doesn’t know what felony murder really means in Florida. Criminal defense lawyer William Moore, who has worked on a number of felony murder cases over the years, says that this is because our felony murder laws don’t require any direct or indirect actions that are meant to hurt someone.
Moore says that things are made even more complicated by the fact that suspects can be charged with this most serious crime even if they did nothing careless, aggressive, violent, or meant to hurt someone. For someone to be charged with a felony that will put them in jail for life if they are found guilty, all that is needed is proof that they did something illegal that caused someone else’s death. Except when the person is very young and is being tried and found guilty.