AnnieMagnolia
New Member
- Joined
- Jun 12, 2014
- Messages
- 209
- Reaction score
- 0
No, unless something changed while I was driving today...
Right now, he is is charged with 2nd degree child cruelty, which is a felony. He is also charged with felony murder, which is defined as a death occurring during the commission of a felony, regardless of whether it was intentional or not.
There is no "1st degree felony murder."
The 2nd degree cruelty charge has nothing to do specifically with death. It's just abuse that was a result of criminal negligence. 1st degree cruelty is a willfull, intentional act of abuse.
Now, the new law is a new 2nd degree murder charge that specifically applies to deaths occurring during the commission of 1st and 2nd cruelty to children abuses cases. And it has a much, much lighter penalty than felony murder.
So, according to an attorney I follow, and he follows me, on twitter... The grand jury indictment will replace the arrest warrant and if he is still charged with 2nd degree cruelty, it will be a 2nd degree murder charge instead of felony murder.
This actually makes more sense in regards to the law, however I think they have the evidence they need to prove 1st degree cruelty because it was intentional.