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3rd Degree Murder

In the US, murder is broken down into 2 categories: 1st degree murder and 2nd degree murder. But in some states, a third category is added: 3rd degree murder. 3rd degree murder is used to charge people who did not intend to cause someone’s death but was committing a dangerous act that a reasonable person could see could lead to someone’s death. The states that do not have 3rd degree murder charges would classify this as involuntary manslaughter.


What Is 3rd Degree Murder?

3rd degree murder is the murder charge for the following circumstances:

  • Unintentionally killing someone while committing a non-violent felony
  • Unintentionally killing someone through actions that show ill-will towards the victim
  • Unintentionally killing someone through actions that show little concern for human life

Examples of 3rd degree murder are:

  • Punching someone in the head, causing them to die (with no intention of killing them)
  • Selling someone dangerous substances like drugs
  • Firing a weapon into a crowd, not intending to kill someone
  • Accidentally killing someone during a robbery

The defendant’s actions must have been intentional, but they did not intend to cause death through their actions.

For example, A defendant is facing 3rd degree murder charges because they punched someone in the head, causing them to die. In this example, the defendant intended to punch the victim and hurt them. But, a reasonable person knows that a blow to the head could be dangerous, and therefore there is the possibility of doing serious damage or killing the victim. Because of this, the defendant is facing 3rd degree murder charges instead of manslaughter charges. If the defendant had punched the victim, but not in the head, and the victim tripped and hit their head, killing them, then that would be involuntary manslaughter. In that scenario, the defendant intended to injure the victim, but a reasonable person would not have foreseen the potential for death. Therefore, they cannot be charged with 3rd degree murder.

Note that only 3 states have 3rd degree murder charges, so in other states, the defendant may be charged with manslaughter.

What Is the Difference Between 3rd Degree Murder and 1st or 2nd Degree Murder?

3rd degree murder is an unintentional murder, whereas 1st and 2nd degree murder are intentional murders.

1st degree murder is an intentional and premeditated murder. The defendant’s actions showed that they gave the murder some thought, either by purchasing or bringing a weapon to the scene.

2nd degree murder is an intentional murder that was not premeditated. It is usually a murder that occurs in the heat of the moment. In some states that don’t have 3rd degree murder charges, an intention to do great injury to someone and potentially kill them is charged as 2nd degree murder.

Felony murder is often charged as 2nd degree murder, but in some states, it may be charged as 1st degree murder depending on the circumstances.

Therefore, the main difference between 3rd degree murder and 1st or 2nd degree murder is intention.

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