The definition of first-degree murder can vary between states, but in general, first-degree murder is an intentional and premeditated murder. The prosecutor must prove that the defendant’s actions showed that they planned to murder someone. This could be done by lying in wait for the victim, stalking them, or purchasing a murder weapon and luring their victim. The penalty for first-degree murder could be the death penalty or a life sentence without parole or suspension.
Elements of a First-Degree Murder Charge
A prosecutor must prove that all of the following three elements exist in order to get a first-degree murder conviction:
- Intent – The prosecutor must show that the defendant intended to kill someone, even if it wasn’t the person they ended up killing. If they accidentally killed the wrong person, then they are still guilty of first-degree murder as there was an intention to kill.
- Deliberation – This means that the defendant didn’t kill in the heat of the moment; they had time to consider the consequences of killing someone before they did it. The prosecutor must prove that the defendant had time to consider their actions and decide not to go through with it before acting.
- Premeditation – This means that the defendant planned the crime in advance. The amount of premeditation is irrelevant. It does not matter if the defendant brought a weapon with them or grabbed a weapon from somewhere in the room. The prosecutor must show that the defendant put some thought into the crime instead of just snapping and killing them.
How Is a Second-Degree Murder Charge Different From First-Degree Murder?
A second-degree murder is in between first-degree murder and manslaughter in terms of severity. Someone convicted of second-degree murder may face life imprisonment without parole.
A second-degree murder is generally defined as an intentional murder without premeditation. It may also be referred to as a murder in the heat of the moment or in the heat of passion. Each state has a different definition of what constitutes first-degree murder and second-degree murder, so you need to check your state law and consult with a criminal defense attorney if you are being charged with either first-degree murder or second-degree murder.