What Is a Second-Degree Murder?

Second-degree murder is a serious crime involving intentional or reckless killing without premeditation, often carrying severe legal penalties. This article clarifies its legal definition, common examples, and potential defenses under varying state laws.

By Brad Nakase, Attorney

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Table of Contents

1. What does second-degree murder mean?

2. Explanation from a legal perspective

3. Different Forms of Second-Degree Murder

4. Differentiating Between Second-Degree and First-Degree Murder

5. Comparing Second-Degree and Third-Degree Murder

6. Differences in Second-Degree Murder from One State to Another

7. Legal Representation in Cases Involving Second-Degree Murder

8. How people are punished for second-degree murder

9. Is second-degree murder more serious than first-degree murder?

10. What does second-degree murder look like?

11. Is murder the more serious charge, or manslaughter?

What does second-degree murder mean?

When you kill another person, you run the risk of being charged with murder in the second degree. There is the potential for a long jail term due to the gravity of this offense.

If you are facing charges for this offense, this guide will walk you through the legal definition, potential defenses, and penalties that may apply to you.

State and federal laws recognize second-degree murder as a crime. This crime is typically defined as the intentional or negligent taking of another person’s life without the use of premeditation or forethought, however the exact wording may differ slightly from one jurisdiction to another.

The two types of murder are different in severity; first-degree murder involves the deliberate and planned killing of another person, while second-degree murder is less serious. In contrast to manslaughter, second-degree murder carries a heavier penalty.

Explanation from a legal perspective

It is possible for the specific elements of the offense to change depending on whether or not federal law is applicable or whether state’s laws are applicable.

But, in most cases, second-degree murder necessitates the purpose to kill or seriously injure another person. The term “malice aforethought” is occasionally used to refer to the intention or desire to carry out such a crime. However, this rule does not apply in all cases. This crime can also be applied in cases when there is a flagrant disregard for human life, such as when an individual dies while a crime is being committed.

Premeditation is a crucial component that is absent from second-degree murder charges but is present in first-degree murder charges. Typically, charges of first-degree murder are brought when a homicide is premeditated or planned.

A crime’s seriousness is proportional to its degree.

For premeditated murders or, in certain states, for certain types of murders (such as gang-related homicides), the most severe homicide charge is murder in the first degree.

Due to the lack of preparation, murder in the second degree is considered a lesser offense. However, due to the fact that it is still considered a form of intentional homicide, the consequences might still be severe.

Different Forms of Second-Degree Murder

What constitutes second-degree murder differs from one state to the next. Nonetheless, the following are some typical murders that meet this criteria.

1. Intentional Killing Without Premeditation

The standard definition of second-degree murder is the deliberate and premeditated death of another human being, as opposed to an accidental killing. This indicates that you have the goal to cause harm or death to the victim. The killing wasn’t planned, though.

It is considered premeditated first-degree murder, for instance, if you purchase poison with the intention of killing your spouse and it is your plan to conceal it in their morning cup of coffee. You would be guilty of second-degree murder, however, if you were to become enraged with your partner during a disagreement and then, in a fit of anger, pull out your firearm and kill them.

2. Intent To Cause Serious Bodily Harm

It is typically considered second-degree murder if someone dies as a result of your acts, even though you did not plan to kill them.

Take the hypothetical situation where you were angry with a friend and decided to get into a fistfight with the goal of hurting them. Tragically, they died from their injuries acquired in the fight.

3. Felony Murder

Killing someone while participating in a felony crime, such as rape, kidnapping, or robbery, is known as felony murder.

In certain jurisdictions, felony murder is considered a first-degree homicide, whereas in others, it is considered a second-degree offense.

You can face these charges even if you don’t personally murder the victim. You may face charges if, during a convenience store heist, one of your accomplices shot and murdered the clerk.

4. Depraved Heart

Murder due to extreme carelessness is also considered second-degree homicide in certain states. This goes beyond basic negligence and is occasionally referred to as a depraved heart murder.

An act of depraved heart murder would be to drive a speeding car through a throng of people on a sidewalk, regardless of whether the intention was to kill or injure any pedestrians.

Differentiating Between Second-Degree and First-Degree Murder

Whether or not premeditation was involved is the main distinction between first-degree and second-degree homicide.

Prosecutors need to prove that you intended to kill someone before they may file first-degree murder charges. Although an intent to inflict injury is typically—but not necessarily—required for second-degree murder, neither premeditation nor deliberation are necessary.

Comparing Second-Degree and Third-Degree Murder

The charge of third-degree murder does not frequently arise. The only three states in the United States that recognize this crime are Minnesota, Florida, and Pennsylvania. Manslaughter is the more common charge in states where the intent requirement is not satisfied for first- or second-degree murder.

Differences in Second-Degree Murder from One State to Another

Even while most jurisdictions expand the definition of second-degree murder to encompass unpremeditated killings, there are still significant variations in the details of homicide legislation from one state to the next.

While some jurisdictions, like Pennsylvania, consider felony murder a second-degree crime, others, like Washington, may prosecute first-degree murder in cases when the victim is killed in the course of another felony, such as theft, rape, kidnapping, or burglary.

The penalties can differ from one state to another. The potential punishment for second-degree murder in California ranges from fifteen years to life in prison. The maximum penalty for the same offense in Minnesota is forty years in prison.

If you want to know what the exact nature of the crime is and the possible consequences under your local laws, you should consult with a criminal defense attorney.

Legal Representation in Cases Involving Second-Degree Murder

Even if you’re facing murder charges, it doesn’t guarantee a conviction. Acquittal or a finding of not guilty may be possible if you present a defense. Defending against second degree murder accusations often involves the following strategies.

1. Weak Evidence

If you are facing charges of murder or any other crime, you are not required to provide evidence of your innocence. The burden of proof is with the prosecutor, who must establish your guilt beyond a reasonable doubt.

It is not fair to find you guilty if there is any reason to doubt the prosecutor’s proof of any aspect of the crime, such as your intent to kill or even whether you committed the murder.

2. Innocence

You have the option to enter a not-guilty plea and state your innocence. If you can provide evidence that you were not at a certain place when the murder occurred, it will be much easier to clear your name.

3. Self-Defense or Defense of Others

To protect oneself or others, lethal force may be necessary in some situations. While each country has its own set of laws on self-defense, in general, it is not murder to take the life of another person who poses a real danger to your safety.

4. Gross Negligence or Lack of Intent

Intention to kill or cause serious bodily injury is typically required for murder in the second degree. But, in several states, the mere act of being careless with human life is enough to warrant such charges. It is not fair to accuse someone of this crime if there is not enough proof that they behaved maliciously or were extremely careless.

5. Insanity

For a not-guilty verdict based on insanity, you need to show that you were completely out of your mind when the incident occurred. If this defense works, the judge will likely sentence you to mental health treatment.

How people are punished for second-degree murder

The penalty for second-degree murder differs from one state to another. But in most cases, you may expect a sentence of at least ten to fifteen years in prison, and possibly even life in prison. The death penalty is not available for second-degree murder, as opposed to first-degree murder.

Is second-degree murder more serious than first-degree murder?

Murder in the first degree is the most serious crime that may be charged against a person who has been responsible for the death of another person.

Intentional, deliberate killing is a prerequisite for first-degree murder. Typically, a killing that is done intentionally but without premeditation is considered second-degree murder. Nevertheless, in certain places, second-degree murder can be levied against those who acted recklessly with regard for human life or who died while you were in the midst of a crime.

Killing someone in the first degree carries the worst punishments, including the possibility of the death penalty or a life term without the possibility of parole. In contrast, the typical sentence for second-degree murder is from fifteen years to life in prison.

What does second-degree murder look like?

Second-degree murder is committed when an individual kills another human being with the intent to kill or cause significant bodily harm, but without prior planning of the crime, or when their actions demonstrate a callous contempt for human life. It is considered second-degree murder to take a gun that is lying around and shoot and kill a friend you got into an argument with.

Is murder the more serious charge, or manslaughter?

Manslaughter is less severe than murder. Intentional killings typically result in murder charges. The death of another person due to carelessness or an act of extreme passion (such as killing your spouse after finding them cheating) can result in manslaughter charges, on the other hand. If convicted, manslaughter has lighter punishments than first- or second-degree murder.

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