The major differentiation between first- and second-degree murder lies in the extent of premeditation of the crime. If it is a case of premeditated and planned murder before the act is actually done then it is a first-degree murder. In most cases where there is a killing, when not premeditated, it is referred to as murder in the second degree.

Differences Between Murder Charges

For clarity, we are now going to start out with the top degree of murder, the most severe and causing the most harm among all kinds of crimes. We will also identify the aspects of the differences between first & second-degree murder (or manslaughter) charge.

First-Degree Murder

There are generally two forms of first-degree murder and can be described as follows:

• Pre-technique crimes committed with intent to kill (like a situation where someone follows another with a view to killing him or her).
• Felony murder Second-Degree Murder

Second-degree murder is generally either:

• An unplanned, intentional killing (reacting in the heat of the moment when angry)
• A death that was brought about as a result of committing an act of extreme carelessness in aspects relating to the welfare of others.

The Difference Between First and Second-Degree Murder

I intend to look at the differences between the two categories of murder, especially eliminating felony murder from the equation, I seek to find out that while first and the second-degree murder differ in the sense that the former is premeditated while the latter is not, the major difference lies in the defendant’s state of mind when they did what they did.

Degrees of Intent Between Murder Charges

First-degree murder means that a person who is known as the defendant in the case must premeditate on the act of killing and then proceed and kill the intended person. On the other hand, second-degree murder entails the killer’s actions either amounting to intent or recklessness of the act as well as it being committed in the heat of passion. Evaluating another person’s time for death deserves to be considered a far grave violation. There is also an “adequate justification” which alters the manner in which it is charged that a murder was committed.

Felony Murder

Basics Manslaughter in the first degree resembles murder in the first degree and this is a situation where one dies in the commission of any felony of violence. That is, if when conducting a robbery, a robber shoots dead a patron in the liquor store during the course, then they will end up being charged of first-degree murder despite the fact that the murder was accidental.

Sum Up!

The only basis that can be used to distinguish the two categories of murder is whether or not the murderer premeditated on the act. As mentioned above, premeditated act of homicide that occurs when planning has been undertaken before the actual act is done qualifies to be called murder in the first degree. Thus, the second category of murder is murder in the second degree where the homicide is committed without premeditation or pre-planning. For questions concerning first degree murder or second degree murder, the professional criminal defense lawyers can guide thoroughly.