criminal-law florida prosecutorial-discretion
Why are Florida prosecutors filing for manslaughter rather than murder in the case of Michael Drejka?
<p>Florida prosecutors filed to charge Michael Drejka with manslaughter rather than murder in August 2018.</p>

<p>If convicted of manslaughter, Drejka can be sentenced to up to 30 years rather than receive life in prison for the shooting of Markeis McGlockton. </p>

<p>Why did this incident fall under the umbrella of manslaughter rather than murder? Why did the prosecutor opt for a lesser charge?</p>

<p>IANAL</p>

<p>As per Florida <a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&amp;Search_String=&amp;URL=0700-0799/0782/Sections/0782.04.html" rel="nofollow noreferrer">Title 46 Statute 782.04</a> a murder must be premeditated or must occur during the accused committing another felony (you can read through the statute and let me know if I'm wrong). As per Florida <a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&amp;Search_String=&amp;URL=0700-0799/0782/Sections/0782.07.html" rel="nofollow noreferrer">Title 46 Statute 782.07</a> manslaughter is non-justifiable homicide that cannot be charged as murder. Based on these documents, it's likely the prosecution could not justifiably charge him with another Felony to up the manslaughter charge to murder.</p>
