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Third degree murder is typically murder in which the offender meant to harm, but not kill, the victim. Such a charge is usually made when the perpetrator is considered to have acted with intentional disregard for the life of another. Depending on what court or state the charge is in, third degree murder is sometimes synonymous with the crime of manslaughter or second degree murder.

Third degree murder differs from first degree murder in that first degree murders are premeditated or planned. The penalties are more severe—sometimes the death penalty, sometimes life in prison. First degree murders are considered to be particularly brutal. Peanlties for third degree murder can be up to twenty years in prison.

Many courts and states do not have a third degree murder statute. In those states, murders that are not considered first degree are divided between charges of manslaughter and second degree murder. The circumstances of such murders are considered to have involved gray areas.

Most other countries do not have third degree murder statutes, and few states do. California and Pennsylvania are two states that do have a third degree murder statute. Such crimes are not considered to be as brutal as first degree or higher murders, but they are considered to have involved recklessness that resulted in death.

In California, charges of third degree murder are usually brought against someone to distinguish the act he or she committed from manslaughter. Manslaughter charges are brought against someone whose recklessness was not meant to harm someone, but whose actions resulted in that person's death. On the other hand, third degree murder charges are brought against someone who meant to hurt, but not kill, the victim. Some courts, however, consider this kind of murder charge second degree murder.

In Pennsylvania, third degree murder is simpler. Such charges are brought against anyone who killed someone, but whose actions do not warrant charges of first or second degree murder.

Sentencing guidelines for those convicted of third degree murder depend on the court. Penalties can be similar to those handed out for second degree murder or those dished out for manslaughter.

In Pennsylvania, the maximum penalty for third degree murder is 20 years. The maximum fine is $50,000.

Besides having the best defense lawyer and a good alibi, someone charged with a higher degree of murder, obviously might have a chance of being convicted of third degree murder instead if he could prove he did not mean to harm or kill the victim.

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Q: How Does Third Degree Murder Differ From Other Types of Murder?
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