Murder is charged and penalized differently depending on the law’s view of the severity of the crime. In this article, we will discuss the difference between first degree murder and second degree murder as well as related crimes like third degree murder and manslaughter.
What Is the Difference Between First Degree Murder and Second Degree Murder?
In short, the difference between a first degree murder charge and a second degree murder charge is if the murder was premeditated or not. It is worth noting that each state’s definition of first degree murder and second degree murder can vary, so look up your local laws if you want specific answers.
What Is First Degree Murder?
A first degree murder is either:
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- A felony murder – where the murder happened while a felony was being committed
- Premeditated and intentional – going to someone’s house to kill them
Felony murder covers accidental murders that happen while a felony is being committed. For example, if a robber kills the homeowner while robbing the house, it is a felony murder, whether they shot the homeowner or accidentally pushed them down the stairs.
What Is Second Degree Murder?
A second degree murder is either:
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- An intentional killing in the heat of the moment, or otherwise unplanned
- A death that occurred due to the defendant’s reckless disregard for human life.
What Is the Difference Between First Degree Murder, Second Degree Murder, and Third-Degree Murder
We’ve already looked at the general definitions of first degree murder and second degree murder, so let’s first briefly look at third degree murder.
What Is Third Degree Murder
Third degree murder only exists in 3 states; others may call it manslaughter. In general, it is an unintentional and unplanned killing. Some states may break manslaughter down into degrees, similar to murder, or into voluntary and involuntary. Generally, the voluntary vs involuntary is to do with the action that caused the unintentional death. Tripping and pushing someone off a cliff would be involuntary manslaughter. Punching someone who then hits their head on the ground and dies is voluntary manslaughter.
A third degree murder or manslaughter still causes harm to somebody, but it is not reckless or planned in any way. If someone has died because of someone’s actions, intentional or not, they will still be charged for the death.
First Degree Murder and Second Degree Murder – Intention
The different degrees of murder charges are to reflect the scale of severity of a crime. For example, if someone plans out and then carries out a murder (first degree murder), it is much more serious than a murder that happens in the heat of the moment (second degree murder.)
There is also something called adequate justification which can change if someone is charged with first degree murder or second degree murder. In general, the court will look at the circumstances of the murder when deciding if the defendant should be charged with first degree murder, second degree murder, or manslaughter