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To many people, there is no middle ground: George Zimmerman will either be convicted of Second Degree Murder or he will be found Not Guilty.
But the reality is much more complex, because the jury will have a number of Lesser Included Offenses to choose from.
And because of these numerous options, it is not uncommon for a jury to exercise what is known as their “pardon” or “nullification” power and return a compromise verdict that they believe is just under the circumstances. See generally Haygood v. State, 109 So. 3d 735 (Fla. 2013).
In Florida, there are two types of Lesser Included Offenses:
While mandatory lesser offenses must be given, discretionary lesser offenses are only required if the Information alleges the essential elements of the offenses and one of the parties requests the lesser offense. See Herrington v. State, 538 So. 2d 850 (Fla. 1989).
Based on the schedule of applicable lesser offenses found in the Standard Jury Instructions for Second Degree Murder and the language found with the formal charging document filed against George Zimmerman, the likely lesser offenses applicable to George Zimmerman are:
However, this equation is complicated by Florida’s 10-20-Life law (Florida Statute 775.087).
Florida’s 10-20-Life law imposes enhanced penalties for crimes that involve a firearm.
The law has two primary enhancements:
The applicability of 10-20-Life enhancements are determined by a jury through special jury findings, which they return along with their primary verdict.
The special finding is that the defendant either:
With this as a backdrop, we can discuss the applicable penalties that would apply to each of the offenses the jury will have to choose from. (And no, the jury is not informed of the applicable penalties for each offense.)
Second Degree Murder is classified as a First Degree Felony. Under Florida’s sentencing guidelines, and absent mitigating circumstances, a judge is required to impose a minimum sentence of 16¾ years in prison, but can impose any additional combination of the following penalties:
If the jury finds that a firearm was used, Second Degree Murder is reclassified to a Life Felony (although maximum penalty does not change).
However, if the jury finds that a firearm was used to kill Trayvon Martin, the judge would be required to impose a 25 year mandatory-minimum prison sentence and could sentence him up to life in prison.
If the jury found that he discharged a firearm, a 20 year mandatory-minimum sentence must be imposed.
If the jury found that he possessed a firearm, a 10 year mandatory-minimum sentence must be imposed regardless of any mitigating circumstances the judge might find (Not that Judge Nelson would find any.)
Manslaughter is classified as a Second Degree Felony. Under Florida’s sentencing guidelines, and absent mitigating circumstances, a judge is required to impose a minimum sentence of 9¼ years in prison and can impose any additional combination of the following penalties:
If the jury finds that a firearm was used, Manslaughter is reclassified to a First Degree Felony, which increases the maximum sentence up to 30 years in prison or 30 years of probation.
Interestingly, because Manslaughter is not an enumerated felony under the 10-20-Life statute, a judge is not required to impose any mandatory-minimum sentence.
In a minute I will literally blow your mind, because there are offenses that are “lesser” than Manslaughter, but because they are enumerated offenses, they “expose” George Zimmerman to the 25 year mandatory-minimum sentence.
Third Degree Murder is classified as a Second Degree Felony. Under Florida’s sentencing guidelines, and absent mitigating circumstances, a judge is required to impose a minimum sentence of 10? years in prison, but can impose any additional combination of the following penalties:
If the jury finds that a firearm was used, Third Degree Murder is reclassified to a First Degree Felony, which increases the maximum sentence to 30 years in prison or 30 years of probation.
However, because Murder is an enumerated felony, if the jury finds that the firearm was used to kill Trayvon Martin, the judge would be required to impose a 25 year minimum-mandatory prison sentence and could sentence him to life in prison (notwithstanding the 30 year maximum sentence).
If the jury only found that he possessed or discharged the firearm, then the respective 10 or 20 year mandatory-minimum sentence must be imposed.
Aggravated Battery is classified as a Second Degree Felony. Under Florida’s sentencing guidelines, and absent mitigating circumstances, a judge is required to impose a minimum sentence of 21 months in prison, but can impose any additional combination of the following penalties:
If the jury finds that a firearm was used, Aggravated Battery is reclassified to a First Degree Felony, which increases the maximum sentence to 30 years in prison or 30 years of probation.
However, because Aggravated Battery is an enumerated felony, if the jury finds that a firearm was used to kill Trayvon Martin, the judge would be required to impose a 25 year minimum-mandatory prison sentence and could sentence him to life in prison if she so decided.
If the jury only found that he possessed or discharged the firearm, then the respective 10 or 20 year mandatory-minimum sentence must be imposed.
Aggravated Assault is classified as a Third Degree Felony. Under Florida’s sentencing guidelines, and absent mitigating circumstances, a judge can impose any combination of the following penalties:
If the jury finds that a firearm was used, Aggravated Battery is reclassified to a Second Degree Felony, which increases the maximum sentence to 15 years in prison or 15 years of probation.
However, because Aggravated Assault is an enumerated felony, if the jury finds that the firearm was used to kill Trayvon Martin, the judge would be required to impose a 25 year minimum-mandatory prison sentence and could sentence him to life in prison.
If the jury found the firearm was discharged, the respective 20 year mandatory-minimum sentence must be imposed.
If the jury found he possessed the firearm, a 3 year mandatory-minimum sentence applies. (This is a specific exception from the 10-20-Life schedule.)
Culpable Negligence, Battery, and Assault are either First or Second Degree misdemeanors.
A First Degree Misdemeanor is punishable by a maximum of 1 year jail, 1 year probation, and/or $1,000 fine.
A Second Degree Misdemeanor is punishable by a maximum of 60 days jail, six months probation, and/or $500 fine.
The 10-20-Life law does not apply to misdemeanors. As a result, no reclassification or mandatory-minimum sentences are applicable.
It is entirely possible the jury could convict him of a lesser offense and not find he possessed, discharged, or caused death with a firearm. In such case the mandatory-minimum would not apply.
Realistically though, George Zimmerman must hope he is acquitted out right. Because absent a Manslaughter conviction, Judge Nelson would be statutorily required to impose the 25 year mandatory-minimum prison sentence under Florida’s 10-20-Life for any felony but Manslaughter or Felony Battery.
Originally posted on Richard Hornsby blog.
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