{"id":352142,"date":"2024-01-24T13:29:25","date_gmt":"2024-01-24T18:29:25","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/second-degree-murder-overview.html"},"modified":"2024-01-24T13:29:25","modified_gmt":"2024-01-24T18:29:25","slug":"second-degree-murder-overview","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/second-degree-murder-overview.html","title":{"rendered":"Second-Degree Murder Overview"},"content":{"rendered":"\n
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Second-Degree Murder Overview<\/h1>\n\n
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\n By Rhonda Earhart, Esq.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Second-degree murder is killing someone with malice aforethought. It does not require premeditation. The lack of premeditation, or planning, is the key factor that makes it different from first-degree murder.<\/p>\n\n <\/div>\n\n\n\n

Malice aforethought<\/a> means that the murder was intentional. Or, the person may have acted recklessly and did not care about others’ lives.<\/span><\/p>\n

Second-degree murder is best explained by first talking briefly about first-degree murder. First-degree murder is killing someone with malice aforethought and premeditation. <\/i>Premeditation<\/a> means that the killer thought about what they were doing before they did it. It can even be a brief thought.<\/p>\n

This article describes second-degree murder. Learn the legal definition for this crime, how state laws apply, penalties, defenses, and more. If you or a loved one is facing any type of homicide charge, consider talking to a criminal law attorney<\/a> near you. The consequences of a murder conviction are life-altering, and you will want expert legal help by your side.<\/p>\n

Murder Law Varies by State<\/h2>\n

The exact legal definition of second-degree murder varies depending on what state you’re in<\/a>. While some states don’t use the term “second-degree murder,” most divide the crime of murder into different degrees. The intent of the killer decides what degree of murder. Criminal law recognizes there are different degrees of guilt when it comes to murder.<\/p>\n

The sentence<\/a> someone convicted of second-degree murder will get varies widely among the states. It ranges from under a year in prison to life in prison.<\/p>\n

What Is Second-Degree Murder?<\/h2>\n

Second-degree murder is the intentional killing of another person without premeditation, often showing extreme recklessness or indifference to human life. It differs from first-degree murder<\/a>, which requires planning, and may also apply when serious harm was intended but resulted in death.<\/p>\n

Intentional Killing Without Premeditation<\/h3>\n

Second-degree murders don’t involve any planning on the part of the killer. At the moment the murder happens, the killer either intends to kill the victim or, at least, cause them severe harm. But, up until that moment, the killer did not plan to commit murder. This lack of planning separates second-degree murder from first-degree murder.<\/p>\n

For example, Adam and Tom are neighbors arguing about the fence between their properties. Adam visits Tom to talk about the situation and, while there, impulsively grabs a shotgun hanging above the fireplace. Adam shoots and kills Tom. Adam didn’t have a plan to kill Tom when he went to Tom’s house that day.<\/p>\n

So, there was no premeditation. At the time he pulled the trigger, though, Adam fully intended to kill Tom or at least severely hurt him. In this situation, prosecutors would probably charge Adam with second-degree murder.<\/p>\n

But what if Tom provoked Adam? If Adam kills Tom during a sudden argument with provocation, the charge would likely be voluntary manslaughter<\/a>. The idea is that if Adam decided to kill Tom in the “heat of passion<\/a>,” he should not get punished the same as if he intended to kill Tom.<\/p>\n

Intent to Cause Only Serious Bodily Harm<\/h3>\n

A second situation that describes second-degree murder is where the perpetrator intends only to cause serious bodily harm but knows that death could result from the act.<\/p>\n

For example, instead of shooting Tom, Adam grabs a shovel and whacks Tom in the head with all his strength. While Adam didn’t specifically intend<\/a> to kill Tom when he hit him, he did intend to strike him with the shovel. Knowing that a blow to the head could very well result in death, the charge would likely be second-degree murder.<\/p>\n

Extreme Indifference to Human Life<\/h3>\n

A third situation that describes second-degree murder happens when a victim dies as a result of the perpetrator’s extreme indifference to the value of human life<\/a>. Extreme indifference generally means a complete disregard for the possibility that an act will kill someone.<\/p>\n

Going back to Adam and Tom, imagine that instead of hitting Tom over the head with a shovel, Adam grabs his gun and wildly fires above a crowd of neighbors who have gathered to watch the argument. Although he does not fire at the neighbors, the bullet hits someone in the distance. Adam didn’t mean to kill anyone, but he also didn’t give any thought to the harm that his actions could cause to others. This demonstrates Adam’s extreme indifference to human life.<\/p>\n

Another type of second-degree murder in this category occurs when someone dies as a result of being hit by a drunken driver<\/a>. Some states will charge a drunken driver, in this situation, with DUI (or DWI) and second-degree murder. This is because it is common knowledge that drunk driving is extremely dangerous and could kill someone.<\/p>\n

No matter whether it’s manslaughter or second-degree murder, death because of someone’s drunken driving is an unlawful killing<\/a>.<\/p>\n

Felony Murder<\/h3>\n

What about a situation where an unintended death occurs during the commission of a felony? That’s where the felony murder doctrine<\/a> comes in. Some states classify deaths that happen during the commission of another felony as second-degree murder, while other states characterize them as murders in the first degree.<\/p>\n

A court can find a person guilty of felony murder<\/a> even if they didn’t personally kill anyone. For example, Adam and Tom go into a convenience store, intending to rob it at gunpoint. Armed robbery is a felony. The clerk resists, and Adam shoots them. A jury could also find Tom, who didn’t shoot anyone, guilty of second-degree murder.<\/p>\n

How can this be? Because Tom intentionally took part in an armed robbery, he had to know there was at least a possibility someone could get shot and killed. For that reason, under the felony murder rule, a court can find Tom responsible for Adam shooting the store clerk.<\/p>\n

Sentences for Second-Degree Murder<\/h2>\n

Depending on the state you’re in, the penalty for second-degree murder<\/a> varies widely. While second-degree murder is less serious than first-degree murder, it is still serious enough that life in prison is possible in some states. The death penalty is not an option in any state for second-degree murder.<\/p>\n

Examples of Sentences:<\/h3>\n