PC §102(D) - THIRD DEGREE MURDER
CLASS C FELONY
(a) Definition
"Third-Degree Murder" shall mean the unlawful killing of a human being, without intent to kill, and without lawful justification, committed with an act eminently dangerous to others and evincing a depraved mind, regardless of human life.
(b) Elements of the Offense
To establish the offense of third-degree murder, the prosecution must prove beyond a reasonable doubt the following elements:
That the defendant caused the death of another person;
That the defendant's actions were eminently dangerous to others, demonstrating a reckless disregard for human life;
That the defendant's actions evinced a depraved mind, showing an extreme indifference to the value of human life.
(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.
(d) Aggravating Factors:
The court may impose enhanced penalties if the defendant's actions involved aggravating circumstances, such as the commission of the offense in a particularly heinous or cruel manner.
The court may consider any aggravating factors, including but not limited to the defendant's prior criminal history, the victim's vulnerability, and the impact of the offense on the victim's family, in determining the appropriate sentence.
(e) Mitigating Factors:
The court may consider mitigating factors, including but not limited to the defendant's remorse, cooperation with law enforcement, and lack of significant criminal history, in determining the appropriate sentence.
The court may consider any evidence presented by the defendant in support of mitigating factors during sentencing proceedings.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
480 SECONDS OF JAIL TIME.
BOND SET
$600,000.00
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