Even If Zimmerman Is Found Not Guilty Of Murder And Manslaughter, He Could Still Serve 25 Years

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).

Lesser Included Offenses

In Florida, there are two types of Lesser Included Offenses:

Category One Lesser Offenses (Mandatory Lessers); and
Category Two Lesser Offenses (Discretionary Lessers).

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:

Manslaughter;
Third Degree Felony Murder;
Aggravated Battery;
Aggravated Assault;
Felony Battery;
Culpable Negligence (Argument can be made not applicable);
Battery; and
Assault.

However, this equation is complicated by Florida’s 10-20-Life law (Florida Statute 775.087).

10-20-Life

Florida’s 10-20-Life law imposes enhanced penalties for crimes that involve a firearm.

The law has two primary enhancements:

Any felony in which a firearm is used is reclassified as follows:
In the case of a felony of the first degree, to a life felony;
In the case of a felony of the second degree, to a felony of the first degree; and
In the case of a felony of the third degree, to a felony of the second degree.
For “enumerated” felonies, a Mandatory-Minimum Prison Sentences must be served (day-for-day, no gain time) if the following apply:
Possession of Firearm during commission of the enumerated felony (10 year minimum prison sentence);
Discharge of Firearm during commission of the enumerated felony (20 year minimum prison sentence); and
Discharge of Firearm causes death or great bodily harm during commission of the enumerated felony (25 year minimum prison sentence and maximum sentence of life imprisonment).

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:

Possessed a firearm in the commission of the felony;
Discharged a firearm in the commission of the felony; or
Caused death or great bodily harm with a firearm in the commission of the felony.


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