Murder is often broken down into different categories in order to ensure the punishment fits the crime. The most serious of these is first-degree murder.
In order to be charged with first-degree murder, the murder must be premeditated and willful. Someone might be charged with first-degree murder if they laid in wait for the victim.
First-degree murder is a felony, and the penalties can vary depending on the state in which the murder occurred. Generally, most states will sentence someone charged with first-degree murder to 25 years to life in state prison. Some states have lower prison sentences, and some states have the death penalty for certain types of first-degree murder.
Mitigating or Aggravating Factors in a First-Degree Murder Charge
Just like in other felonies, a first-degree murder trial will take into account mitigating or aggravating factors. A mitigating factor will reduce the sentence and an aggravating factor will increase the sentence.
A mitigating factor would be something like the defendant co-operating with the prosecutor to give them useful knowledge or taking a plea deal. Another mitigating factor in first-degree murder would be signs of regret or remorse or trying to stop the victim from dying. For example, if the defendant stabbed their victim and then called the ambulance and attempted to stop the bleeding, the judge may take that into account.
An aggravating factor is something that will increase the sentence because the crime was particularly dangerous or heinous. The judge will consider the following things aggravating factors:
- Explosives were used
- The murder was committed as a gang activity
- Additional violent crimes in the murder (like a rape and murder)
- The victim was a witness, juror, judge, prosecutor, or law enforcement officer
- The murder was particularly violent or gruesome
- The defendant made financial gain from the murder
First-degree murder is already a serious crime carrying heavy penalties, so these aggravating factors would only worsen an already lengthy prison sentence.
Death Penalty For First-Degree Murder
The death penalty is still used in 31 states and federally. Not every first-degree murder will result in the death penalty; in most states, there need to be some aggravating factors present in order to sentence someone to death. Arizona is one of the states where someone can be sentenced to death for committing first-degree murder without aggravating factors.
If the judge is considering whether to give someone the death penalty for first-degree murder, they will consider these factors:
- The age of the defendant
- The mental capacity of the defendant
- If the defendant acted under duress or played a minor role in the murder
- If another person was equally responsible for the murder
- The defendant’s criminal record
These may be mitigating or aggravating factors in deciding if the death penalty is suitable for the first-degree murder.
If the defendant is charged with first-degree murder and there are several aggravating factors, but the state does not have the death penalty, then the defendant will likely receive a life sentence instead.
The death sentence is taken very seriously by every state, and it is only given for heinous first-degree murders. Not only is it a huge undertaking to sentence someone to death, but holding prisoners on death row is more expensive than sentencing them to prison.