When is murder first degree, second degree or third degree?

Answer 1

you measure the degrees of murder by measuring the "criminal intent" of the perpetrator. So then you have:

1st degree intentional homicide - murder one, premeditated murder. the worst of the worst, you get 25 to life for this. it's when you carefully and meticulously plan the killing with a considerable amount of time in advance.

2nd degree murder- "crime of passion" - this is when you kill someone on the spur of the moment, out of a burst of anger etc. the intent to kill popped in your head right then and there, it is not planned. for example, you walk in on your wife cheating and you murder her lover.

3rd degree unintentional murder - "manslaughter" - accidental or negligent homicide. it's where the intent to kill is totally missing. for example, when you accidentally run someone over with the car.

above all this, if the murder leads to a trial, the jury and/or the judge will decide upon the mitigating and aggravating circumstances when calculating your sentence.

Answer 2

1st degree murder is when you planned to kill someone, either a specific person or as part of another crime. Second Degree Murder is when you decided to kill someone on the spur of the moment.

The third degree is what you get when you are questioned in connection with a murder. I don't know of any State's that have a 3rd degree murder statute. The charge is almost always manslaughter. Which means that you did kill somone and are at fault, but it wasn't your intent.

Answer 3

First degree murder is normally considerd to be premeditated, or planned out in advance. Second degree murder is sort of like a crime of passion. The killing is intentional, but spur of the moment, as in anger. Third degree murder is normally termed involuntary manslaughter, as in killing someone with a car while driving under the influenec or inadvertantly causing a death while doing some other thing that was illegal.

Answer 4

1st degree is INTENTIONAL-meaning a planned act of killing
2nd degree murder is for someone to be found guilty of second degree murder the government must prove that the person killed another person; the person killed the other person with malice aforethought; and the killing was premeditated. Note that the elements are identical with those for 1st degree murder. The practical difference is the sentences are different. Which crime to charge is usually entirely up to the prosecutor¼s discretion.

There is no "third" degree- Its manslaughter meaning
unpremeditated killing: the unlawful killing of one person by another without advance planning

Answer 5

3rd degree murder isn't used in every state. In many states, it's just "manslaughter".

Anyway, depending on the state, there are generally 2 guidelines...

A)
1st: Premeditated murder. The murderer planned it out, got the necessary resources, and went to their victim with the intent of killing them.
2nd: Not planned, "crime of passion". Had a conflict with someone, got really angry, then killed them... for example.
3rd/Manslaughter: Accidental, self-defense, VERY provoked (ie: the person was posing a threat to you or others), etc... Likewise, it's often tough to make the distinction between 3rd degree and second degree. And in certain cases (particularly self-defense), 3rd degree/manslaughter cases are thrown out entirely (ie: if the "murderer" had no other option)

B)
1st: "Special circumstances"... killing a police officer, government worker, etc... Killing witnesses to another crime. Torturing someone before and/or during killing them. Etc...
2nd: Premeditated murders.
3rd: All other murders.

Answer 6

On the radio said it best.

!st degree is intentional premeditated killing of someone.

2nd degree is itentional but not preplanned.

3rd degree or manslaughter is just about everything else. because of the wide range of circumstances there is a wide range of penalties for this class ranging from nothing to many years in prison. As explained earlier, If it looks like self defense, there is likely to be no conviction at all. Many times the prosecutor wont even file charges.

Answer 7

Murder in the Third Degree is Murder with no Forethought or Malice.

Answer 8

First degree is premeditated, or commited during the commision of another felony. Second is 'spur of the moment' so to speak. Third? I'm assuming you are meaning manslaughter, which is accidental or has other circumstances.