News website www.cbs4.com reports that an 18-year-old Miami man who had been wanted for the murder of his 16-year-old girlfriend, has been arrested in Miami.
The arrest comes one day after the family of the alleged victim urged the public to help find the suspected killer.
The accused 18-year-old was arrested early Wednesday morning and booked into jail on a charge of second-degree murder.
Police say an argument between the accused and his 16-year-old girlfriend led to the alleged murder. Police say that in the heat of the argument, the accused pulled out a gun and shot the young woman.
Second-degree murder with the use of a firearm is a non-bondable offense. The accused will remain in custody pending an Arthur Hearing. At the Arthur Hearing, the judge must determine if (a) the evidence strongly suggests guilt; and (b) whether pretrial detention is necessary, or whether other means of pretrial release (house arrest, electronic monitoring) could be used instead.
Also, since a firearm is alleged to have been used, 10-20-Life mandatory sentencing applies. In this case, there is a mandatory 25-year sentence since somebody died during the commission of the crime.
Second-degree murder is non-capital murder because it is not premeditated. Rather, it is a murder that occurs in the "heat of passion." For instance, then a murder that occurs during an argument is often second-degree murder because the accused did not have time to reflect or clearly think about the crime. Rather, it is a crime that occurs when the accused is in a heated or excited state.
I have represented clients charged with second-degree murder. I am a criminal defense attorney who serves the Miami-Dade and Broward areas.
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