{"id":372320,"date":"2016-04-11T01:21:50","date_gmt":"2016-04-11T06:21:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/dc-law\/district-of-columbia-second-degree-murder-law.html"},"modified":"2025-07-18T12:53:38","modified_gmt":"2025-07-18T17:53:38","slug":"district-of-columbia-second-degree-murder-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/dc-law\/district-of-columbia-second-degree-murder-law.html","title":{"rendered":"District of Columbia Second-Degree Murder Law"},"content":{"rendered":"\n
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District of Columbia Second-Degree Murder Law<\/h1>\n
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\n By Kit Yona, M.A.<\/a> | Legally reviewed by Catherine Hodder, 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

Most states categorize murder as either first-degree or second-degree. The District of Columbia is no different. However, unlike the law in other jurisdictions, D.C. law distinguishes between the two criminal offenses based on whether the murder was premeditated.<\/blockquote>\r\n

If you\u2019re facing murder charges, you should familiarize yourself with D.C.’s murder laws, especially the differences between first and second-degree murder. A first-degree murder conviction has a mandatory minimum sentence of 30 years and a maximum sentence of life imprisonment<\/a> without the possibility of parole.<\/p>\r\n

Second-degree murder, on the other hand, has no minimum mandatory sentence<\/a>. The maximum sentence is life in prison with the possibility of early release.<\/p>\r\n

This article explains how the second-degree murder laws work in the District of Columbia, including the potential penalties and defenses<\/a>.<\/p>\r\n

If the state has charged you with murder, felony murder<\/a>, or even voluntary manslaughter, consider contacting an experienced D.C. criminal law attorney<\/a>. We’ve also provided links to relevant FindLaw articles at the bottom of this page.<\/p>\r\n

Differences Between First-Degree Murder and Second-Degree Murder Under the D.C. Code<\/b><\/h2>\r\n

A first-degree crime is always more serious than a second-degree crime. The same is true for murder. The proportionality of sentencing means that a person guilty of second-degree murder may endure the same lengthy prison sentence<\/a> as someone guilty of murder in the first degree. However, there are distinct differences between the two crimes.<\/p>\r\n

Both first- and second-degree murder involve the intentional killing of another human being with malice aforethought. The primary difference between these two crimes has to do with premeditation. First-degree murder requires that the defendant plan the killing, whereas second-degree murder can involve impulsivity.<\/p>\r\n

A typical example of a second-degree murder case is one where the defendant kills someone in the heat of passion<\/a>, perhaps after finding their spouse in bed with another person. These cases also arise when a defendant responds to provocation by a victim.<\/p>\r\n

Under the D.C. criminal code, all murders that don\u2019t qualify as first-degree constitute second-degree murder. Second-degree murder serves as a catchall for all homicides that don\u2019t qualify as first-degree murder but are more serious than voluntary or involuntary manslaughter<\/a>.<\/p>\r\n

Felony Murder Constitutes First-Degree Murder Under Washington, D.C. Law<\/b><\/h2>\r\n

Almost every state follows the felony murder rule<\/a>. This rule states that a person will face murder charges if someone dies during the commission of a felony<\/a>. The question is whether felony murder qualifies as a crime of the first or second degree.<\/p>\r\n

In D.C., the following crimes are eligible for felony murder:<\/p>\r\n