What is second-degree murder?
SECOND-DEGREE murder is a common charge in many of the killings that have fueled the Black Lives Matter movement.
The charges in a murder case range between first-degree murder,, and felony murder.
There are many factors that go into deciding the penalties for a defendant including the language of the law, the facts of the case, the defendant's criminal history, whether it qualifies as a hate crime, and whether a firearm was used in the crime.
The federal statute states that anyone shall be imprisoned for any number of years up to a life sentence.
A judge can increase the sentence if the defendant's actions were exceptionally heinous, cruel, brutal, or degrading to the victim.
What are common defenses against a murder charge?
A common defense against murder is claiming the killing was justifiable or in self-defense.
Some defenses highlight the defendant’s mental capacity claiming insanity, intoxication, and even the defendant’s youth as a defense to a murder charge.
A defendant can also claim that they reacted in the heat of passion, to lower their charge to voluntary manslaughter or avoid charges altogether.
If the defendant is a government official, they can rely on qualified immunity which shields them from being held personally liable for constitutional violations in a civil case as long as the official did not violate “clearly established” law.
Was Derek Chauvin convicted of second-degree murder?
which holds a maximum sentence of 40 years in .
He was also which have maximum sentences of 25 and 10 years in .
However in those cases no one was convicted.