What's The Difference Between First And Second Degree Murder?

First-degree murder is considered the most serious homicide. The main factor that classifies murder as first-degree is the intention of the perpetrator to take another person’s life. According to Justia, the act must be premeditated, thus eliminating the possibility of accidental death. Some examples include deliberately poisoning another person with the intent to kill or purchasing a gun and lying in wait to shoot and kill a person. When it comes to premeditation, the length of time does not matter. Whether it involves meticulous weeks of planning before the commission of the murder or a quick act of picking up a random weapon to use in order to kill someone, it is considered premeditated if the perpetrator deliberated and pushed forward with committing the crime with the intent to kill.

A murder is also classified as first-degree if it occurred during the commission of a felony or under special circumstances, the most common of which include domestic violence, grand theft auto, arson, assault, and rape (per AMA Law). Since first-degree murder charges are considered the gravest offenses, it follows that sentences are the most severe. As reported by Diffen, those convicted of first-degree murder are given a sentence of life imprisonment or the death penalty.

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