Legal Question in Criminal Law in Florida
2nd degree murder
My sister was arrested a month ago for 2nd degree murder. It started as an argument between her and several people. Her boyfriend persuaded her to leave, on her way to the car she was attacked by several people.By the time my sister made it to the driver side of the car one of the females entered the car, my sister grabbed a knife and stabbed her. Once my sister realized what she had done she called 911 and went to the hospital. Considering the circumstances it seems she should have received a lesser charge. Am I right????
4 Answers from Attorneys
Re: 2nd degree murder
Sounds right to me.
Re: 2nd degree murder
Your sister is going to need an experienced and aggressive criminal trial attorney to closely evaluate her case for any legal defenses (i.e., self defense).
If your sister is considering retaining a private attorney, I would be more than happy to provide a free consultation with her and/or your family.
Good luck.
Aaron J. Slavin, Esq.
Re: 2nd degree murder
Second degree murder is charged when the individual did not have the prior intent to kill someone. Since there was a death, murder would be the charge. Your sister will need to flesh out the self defense aspect of her case. She could also be charged with manslaughter. She will need to talk to her attorney about her case, her chances at trial, and her plea options. My office is in Jacksonville, contact me if you need further help.
Re: 2nd degree murder
If your sister was protecting herself, and made an effort to leave but was later confronted, that may give rise to a valid self-defense claim.
However, the charges she is facing are obviously very serious, and if convicted, she could spend the rest of her life in prison.
If you would like to discuss the aspects of this case in greater detail, please feel free to call me. My office is in Tampa.
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