Second degree murder is generally defined as an intentional but not premeditated murder. Each state has its own definition of second degree murder, and some may not even separate murder charges into first and second degree murder. This article is meant to offer general advice; we recommend you look at your state law and/or contact a criminal defense lawyer for specific second degree murder information.
What Is Second Degree Murder?
What are some of the elements that would constitute a second degree murder charge?
Intentional Murder Without Premeditation
A second degree murder is not planned out in advance; it happens in the heat of the moment. The intention to kill is still present; therefore, it is not accidental (which would be charged as manslaughter.) A second degree murder is one that occurs with a weapon at hand; if the defendant brought a weapon with them, that could be seen as premeditation.
In some states, an intentional but not premeditated murder would be charged as manslaughter, not second degree murder, if the defendant was provoked.
Extreme Disregard For Human Life
Another situation that may result in a second degree murder charge is if the defendant acted with extreme disregard for human life. This means knowing that their actions could likely kill or seriously injure someone, but acting anyway. Examples could be driving a car into a shop or firing a weapon into a crowd. Even if the intention was not to kill someone, this would result in a second degree murder charge.
Intent to Cause Only Serious Injury
Another situation that may result in a second degree murder charge is if the defendant takes action knowing that it could result in death, but the intention is only to cause serious injury. For example, delivering a blow to the head or running someone down in a car. The jury must decide if a reasonable person would know that their actions could cause death. Because the action was intentional, this would be charged as second degree murder.
Felony Murder
Felony murder is a second degree murder charge in some states. This is where the defendant was committing a felony when someone died. Somebody can be charged with felony murder even if the death was accidental or if they didn’t personally kill the person. For example, if the defendant commits a robbery and an elderly person has a heart attack due to fright or one of the other robbers shoots someone, then all of the people committing the felony can be charged with second degree murder.