State First-Degree Murder Laws

Murder is one of the most serious crimes a person can commit. In states that still have the death penalty, a murder conviction may result in a death sentence. In most states, a first-degree murder conviction can lead to a sentence of life imprisonment without the possibility of parole.

First-degree murder laws are different from state to state. The way state laws define murder varies, as do the penalties for the crime.

This article provides an overview of state murder laws. You can also choose from the links at the bottom of the page to learn more about murder statutes from specific states. If you’re facing criminal charges in any state, consult an experienced criminal defense attorney.

Overview of First-Degree Murder

Most states divide murder into degrees. Most limit their classifications to first- and second-degree murder. To qualify as murder, state laws require the prosecutor to prove the specific elements of the crime.

In general, the elements of first-degree murder include the following:

• Premeditation: The defendant must have planned the murder. This does not require that they planned it a certain amount of time before the actual event, but rather that the defendant had enough time to form the intent to kill another human being.
• Malice aforethought: Most state statutes require that the defendant in a murder case demonstrate malice before and during the intentional act of taking a human life. Every state varies in how it defines malice aforethought, but the common understanding is that the state can prove malice aforethought by demonstrating the defendant had an evil motive or a depraved indifference to human life.
• Intent: It is insufficient to show that the defendant intended to hurt the victim or another person. The state must demonstrate that the defendant intended to kill someone, even if they didn’t intend to kill the actual victim.

If a killing is lacking these elements, it will likely be tried as either second-degree murder or another offense that involves a person’s death.

In addition to the above definition of murder, many states have statutes that spell out specific circumstances that constitute first-degree murder. While these cases may not meet the elements of the traditional definition of homicide, state law dictates that they constitute murder in the first (or sometimes second) degree.

The following circumstances usually warrant a first-degree murder charge:

• The intentional killing of a child under 14 years of age (the actual age limit may vary)
• Killing a police officer, peace officer, or law enforcement officer
• Killing someone after a pattern of domestic violence

If you still have questions, consider speaking with a local criminal defense lawyer to confirm your state’s special-circumstance murder laws.

How Does First-Degree Murder Differ From Second-Degree Murder?

First-degree murder, and capital murder in states that have the death penalty, is the most serious crime against the person. It also carries the most severe penalties. This makes it important to understand the differences between first-degree murder and second-degree murder. The penalties for these criminal offenses differ significantly.

In a first-degree murder case, the defendant intentionally causes the death of another person with premeditation and malice aforethought. This means that they have the specific intent to cause serious bodily injury or death and that they planned the murder.

Second-degree murder requires the intent to kill, but not a premeditated killing. Defendants in second-degree murder cases usually kill in response to extreme emotions.

Common examples of second-degree murder include a defendant who kills another person during a sudden altercation or fight. It may also involve someone who shoots a gun into a crowded club, knowing there’s a great chance that someone will die. The perpetration of both crimes qualifies as Class A felonies in almost every state.

First-Degree Murder Charges vs. Manslaughter Charges

In addition to having various degrees of murder, most states’ criminal laws also recognize manslaughter. As with murder charges, there are different degrees of manslaughter. For example, most jurisdictions distinguish between voluntary manslaughter and involuntary manslaughter.

Manslaughter is different from first-degree murder in several respects, including:

• Manslaughter does not require malice aforethought or the intent to cause death or serious bodily harm
• This crime doesn’t require premeditation (planning)
• There is less moral culpability in a criminal case involving manslaughter
• The maximum sentence for manslaughter is much less severe than it is for first-degree murder
• Manslaughter cases often involve the unlawful killing of a human being while under the heat of passion or after reasonable provocation
• Murder cases may involve defendants who kill someone during the furtherance of another violent crime (felony murder rule)

In states that allow trials with lesser charges, manslaughter is often presented with a murder charge.

Note: The state of Oregon does not divide murder into first- and second-degree murder. Instead, Oregon law recognizes murder and aggravated murder. The link to the Oregon page discusses these two crimes, not first-degree murder in particular.

Disclaimer: State laws change frequently. Contact a local criminal defense lawyer or conduct further research for specific information regarding your state’s criminal laws.

When Should You Contact a Criminal Defense Attorney?

If you’re facing murder charges, you should contact a criminal defense lawyer after your arrest. Things move quickly once law enforcement arrests a person for a homicide. You’ll want a seasoned defense attorney by your side during your arraignment and, if need be, trial. Contact a local criminal law attorney to review your criminal case and help craft a strong legal defense strategy.

Related FindLaw Resources

• Mitigating and Aggravating Factors During Sentencing
• Federal Law and Murder
• DUI and First-Degree Murder
• Instructing Jurors in Murder Cases