PC §102(C) - SECOND DEGREE MURDER
CLASS B FELONY
(a) Definition
Second-degree murder is defined as the unlawful killing of another person with malice aforethought, but without premeditation and deliberation.
(b) Elements of the Offense
To prove second-degree murder, the prosecution must establish the following elements beyond a reasonable doubt:
The defendant unlawfully killed another person.
The killing was intentional, meaning the defendant intended to cause the death of the victim or acted with a conscious disregard for human life.
The killing was committed with malice aforethought, which may be implied by the circumstances of the killing.
The defendant's actions were unlawful and without legal justification or excuse.
(c) Defenses
Defenses to a charge of second-degree murder may include, but are not limited to:
Self-defense: The defendant reasonably believed they were in imminent danger of death or serious bodily harm and acted to defend themselves.
Defense of others: The defendant reasonably believed that another person was in imminent danger of death or serious bodily harm and acted to protect that person.
Lack of intent: The defendant did not intend to cause the death of the victim.
(e) Aggravating Factors
Aggravating factors may increase the severity of the offense and the potential penalties, including but not limited to:
Prior convictions for violent offenses.
Use of a deadly weapon or instrumentality in the commission of the murder.
Killing committed during the commission of another felony, such as robbery, burglary, or sexual assault.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
600 SECONDS OF JAIL TIME.
BOND SET
$500,000.00
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