jayrebb
Ssraeszha Raider
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Can go down to 3rd degree depending on what type of struggle there was and how a jury interprets it.
I agree no deal for 3rd degree would typically be offered though-- that'd have to be found at trial. Unless there were exigent circumstances.
Some states have statutes that make getting down to 3rd degree very difficult if you were the one who introduced the weapon. But it is possible to sway a jury on that. Although I just saw a man beaten up and pursued outside at a bar get 2nd degree, even after being lacerated and punched in the face. He didn't present the firearm until struck by one of the three assailants confronting him. I felt that should have been manslaughter even though it was tragic to lose life over a bar fight. The number of assailants, the fist hitting his head (with laceration to prove contact) being what I felt should have tipped it down to 3rd degree.
Not sure what the crime of passion statute is in that state-- but that's also a potential path to a 3rd degree conviction. But again, requires a jury finding and risking a trial penalty of 1st degree.
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