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Law Offices of Eric M. Matheny, P.A.
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Degrees of Murder

You don't have to be a criminal defense attorney to know that murder is the most serious criminal offense that you can be charged with.

In Florida, murder can be broken up into degrees based on the factual circumstances.

First-Degree Murder
According to Florida Statute 782.04(1)(a), first-degree murder is defined as unlawfully killing another person when such killing is: premeditated (the defendant has the intent to kill); a result of the unlawful distribution of certain controlled substances by a person that is at least 18-years-old and the drug is the proximate cause of the the user's death; or committed by a person that is committing or attempting to commit a crime listed in Florida Statute Section 782.04(1)(a)(2).  

First-degree murder is a non-bondable offense that is punishable by lethal injection.

Second-Degree Murder
Florida Statute Section 782.04(2) defines second-degree murder as occurring when a person unlawfully kills another human-being by acting in a manner imminently dangerous with a depraved mind.  Second-degree murder does not require an intent to kill. 

Second-degree murder is a first-degree felony punishable by life, unless a firearm is used, then it becomes a life felony.

Third-Degree Murder
According to Florida Statute Section 782.04(4), third-degree murder occurs when a person unlawfully kills other while engaged in the commission or attempted commission of a felony other than those listed in Florida Statute Section 782.04(4).  

Eric Matheny is a criminal attorney who represents clients charged with murder in Miami-Dade and Broward.  Call today to discuss your case.

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