Quote:
Originally Posted by Billy L-bach
...second degree murder charges?
Who do they have running the legal system up there, the teletubbies?
I thought second degree was a non-premeditated killing, resulting from an assault in which death of the victim was a distinct possibility.
...I am pretty certain that cutting a human beings head off goes well beyond the realm of "distinct possibility"
If I hit you in the head with a lead pipe because we are fighting over cheating at cards then the assault with a lead pipe had the distinct possibility of resulting in death.
How can severing a human head be anything but first Degree Murder? Which if I am correct is a premeditated, intentional killing. (or results from a vicious crime)
How in hells half acre can someone that breathes oxygen not consider cutting someones head of to be AN "INTENTIONAL KILLING"
This stain had a protective order served on the 6th of this month. I would see even showing up at her house to qualify as pre-meditated but hey I am just an uneducated peasant...
wow... just wow
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Agreed, Sir!!!
Here is what I found:
http://law.onecle.com/new-york/penal...25_125.25.html
New York Penal Law Section 125.25 - Murder In The Second Degree.
§ 125.25 Murder in the second degree. A person is guilty of murder in the second degree when:
1. With intent to cause the death of another person, he causes the death of such person or of a third person; except that in any prosecution under this subdivision, it is an affirmative defense that:
(a) The defendant acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be. Nothing contained in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the first degree or any other crime; or
(b) The defendant's conduct consisted of causing or aiding, without the use of duress or deception, another person to commit suicide. Nothing contained in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the second degree or any other crime; or
2. Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person; or
3. Acting either alone or with one or more other persons, he commits or attempts to commit robbery, burglary, kidnapping, arson, rape in the first degree, criminal sexual act in the first degree, sexual abuse in the first degree, aggravated sexual abuse, escape in the first degree, or escape in the second degree, and, in the course of and in furtherance of such crime or of immediate flight therefrom, he, or another participant, if there be any, causes the death of a person other than one of the participants; except that in any prosecution under this subdivision, in which the defendant was not the only participant in the underlying crime, it is an affirmative defense that the defendant:
(a) Did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid the commission thereof; and
(b) Was not armed with a deadly weapon, or any instrument, article or substance readily capable of causing death or serious physical injury and of a sort not ordinarily carried in public places by law-abiding persons; and
(c) Had no reasonable ground to believe that any other
participant was armed with such a weapon, instrument, article or substance; and
(d) Had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury; or
4. Under circumstances evincing a depraved indifference to human life, and being eighteen years old or more the defendant recklessly engages in conduct which creates a grave risk of serious physical injury or death to another person less than eleven years old and thereby causes the death of such person; or
5. Being eighteen years old or more, while in the course of committing rape in the first, second or third degree, criminal sexual act in the first, second or third degree, sexual abuse in the first degree, aggravated sexual abuse in the first, second, third or fourth degree, or incest as defined in section 255.25 of this chapter, against a person less than fourteen years old, he or she intentionally causes the death of such person.
Murder in the second degree is a class A-I felony.