Differentiating Between Murder Charges: Understanding the Variations
In California, murder is a very serious crime and almost always results in a lifetime sentence. However, the levels of murder vary depending on what exactly occurred and what the person intended to happen. Here is an elementary description of these degrees given by lawyers.
Different Levels of Murder
First-Degree Murder
This is the capital type of murder. It occurs when one person premeditates to murder another person. In that regard, even for a short while, the murderer thought about it. For example, if someone purchases a gun, hides, waits for someone to come home, and then shoots them, this is a first-degree murder.
Second-Degree Murder
The major difference between second-degree murder and first-degree murder is that the latter was not premeditated. This category refers to the act of intentionally killing someone but not in a premeditated manner. It involves intentional killings or killings, for which no value is attached in life. A classic is firing into a crowd with no general intention of killing someone in particular, which is a way of disrespecting the lives of other people.
Felony Murder
By the felony murder rule, one can be charged with murder if someone dies during a dangerous crime he/she is committing even if he/she did not do the killing. This law is designed to stop people from doing risky activities. In this case, such a person can be charged with felony murder.
Voluntary Manslaughter
This is not considered murder but it is still a very serious crime where a person kills another in the heat of passion, for example, after some provocation. The provocation should be enough that any person’s control might be lost. If not, they would be found guilty of second-degree murder. A classic scenario is when a person kills a person caught in bed with their wife.
Involuntary Manslaughter
This is considered as the less severe form of homicide, which includes unintentional killings caused by negligence or recklessness. The person did not intend to murder but their acts resulted in someone’s death. A parent leaving a child in a hot car, where the child dies, is an example of involuntary manslaughter charges.
Consequently, each level of murder is based on the purpose and context of the act.
