What is the difference between first degree murder and second degree murder?

Answer 1

First degree murder is when the killer plans to kill someone or goes somewhere to intenianlly kill someone:depending on the state and case, a person can be charged with first degree murder when the killer kills someone at heat at the moment but decides to burn or get rid of the body.

Second degree murder is when the killer does not plan to kill anyone but kills someone when something goes bad; second degree murder also happens very fast

Capital Murder is when the killer kills someone during a robbery or an other felonies act;capital murder is also when a killer kills someone for no good reasons for example if they are jealous of them;capital murder is not legall in all states; Texas and Alabama are 2 states where it is legall

Answer 2

First degree murder is a premeditated and intentional killing that is planned in advance, while second degree murder is an intentional killing that is not premeditated. First degree murder typically carries a higher penalty than second degree murder due to the element of planning and deliberation involved. Additionally, first degree murder may also include killings that occur during the commission of certain felonies, such as robbery or kidnapping, known as felony murder.

Answer 3

In the United States, the difference is premeditation. A first degree murder is a murder that was planned ahead of time, while a second degree murder is a murder that was committed in the heat of the moment.

Depending on who the victim is, an unplanned murder can be charged as a first degree murder. For example, killing a police officer usually gets you charged with first degree murder, regardless of whether or not you planned the murder ahead of time.

It is also usually considered first degree murder when a murder is committed during the commission of a crime (for example, robbing a convenience store and shooting the clerk), regardless of whether or not the robbery was planned ahead of time.

Killing the witness to a crime is also usually considered first degree murder.

Also, oftentimes premeditated murders are deal-bargained or pled down to second degree murder, even if they were clearly planned ahead of time. The decision to drop a charge from first to second degree murder is made on a case-by-case basis.

First degree carries a longer maximum sentence and in the states that have the death penalty, it may carry that as the punishment.

Answer 4

Depending on the state, the difference comes from intent. In most states, it's: 1st degree murder is planned (malice aforethought). 2nd degree murder is more of a murder that is unplanned. Just happened. Heat of passion falls into 2nd degree. Two men get into a fight and one kills the other--more than likely, 2nd degree. A man comes over to another man's house to kill him--1st degree.

Added: For the clarification of the questioners who, in other questions, asked: there is no such thing as 3rd degree murder.