State Second-Degree Murder Laws

Most states divide murder charges into levels, such as first-degree murder and second-degree murder. However, some states don’t recognize different degrees or levels of murder. Others use different terms for second-degree murder.

This article examines the basics of second-degree murder and some of the variations across states. Choose a state from the list below for state-specific second-degree murder laws. These pages provide in-depth overviews of select states’ second-degree murder offenses, including definitions, penalties, and defenses.

Overview of Second-Degree Murder

When someone takes a human life, they should expect to face serious criminal charges. Regardless of where you live, each state has specific laws regarding murder. Most states divide the crime of murder into first-degree and second-degree murder.

Some states treat homicide as either murder or manslaughter. Other states divide murder into either murder or aggravated murder. It all depends by jurisdiction.

In general, first-degree murder charges require the state to prove that the defendant planned the crime (deliberation and premeditation) and had the specific intent to kill another person. The penalty for first-degree murder in most states is life imprisonment, life imprisonment without the possibility of parole, or death in states that still have the death penalty.

Second-degree murder is similar to first-degree murder in that it requires malice, but it usually lacks the premeditation and deliberation required for first-degree murder. The malice in second-degree murder is often implied malice, demonstrated through extreme recklessness or depraved indifference to human life. To prove this crime, the state does not have to prove that the defendant specifically intended to cause death or serious bodily injury. They must only prove that the defendant caused the death of another person and that they did so recklessly, as the result of heat of passion, or by impulse.

Some States Treat Felony Murder as Second-Degree Murder

The felony murder rule states that anybody who kills another person during the commission or attempt to commit a violent crime is guilty of murder. A handful of states, such as Hawaii and Michigan, do not follow the felony murder rule.

Most state laws that apply the rule treat felony murder as first-degree murder. For example, in Illinois, anybody who causes the death of another person while committing a felony will face first-degree murder charges. This is the case in most states.

There are some states, however, that classify felony murder as murder in the second degree. In Georgia, anybody who kills a child as a result of child abuse will face second-degree murder charges. The same is true in Missouri.

How Does Second-Degree Murder Differ From Manslaughter?

While all states have murder laws, not every state has specific manslaughter laws. In the states that do recognize this crime, they often divide it into voluntary manslaughter and involuntary manslaughter. Because there can be a fine line between a manslaughter case and a second-degree murder case, it’s worth taking a look at the differences between the two crimes.

Most states define second-degree murder as an intentional killing without premeditation. A fair number of second-degree murder cases involve a defendant who intended to cause death or serious bodily harm to the victim.

Manslaughter, on the other hand, involves a defendant who causes the death of another person without premeditation or malice. Most states divide this crime into voluntary and involuntary manslaughter.

A person faces voluntary manslaughter charges when they commit an unlawful killing of another human being without malice after either adequate provocation or under the heat of passion. Involuntary manslaughter occurs when someone unintentionally causes the death of another person due to criminal negligence, recklessness, or DUI.

The penalties for second-degree murder and manslaughter differ as well. The penalty for second-degree murder in most states is typically 15 years to life. Some states impose lighter sentences for people guilty of second-degree murder.

California law imposes a prison sentence of 15 years to life for a second-degree murder conviction. The California Penal Code increases the minimum sentence for this crime to 20 years in state prison if the defendant engaged in the killing of another person while shooting a firearm from a motor vehicle (drive-by shooting). California’s second-degree murder statute goes a step further and imposes a sentence of 25 years to life for someone who kills a peace officer.

Defenses to Second-Degree Murder

A defendant in a second-degree murder case has the right to raise a defense to the charges. A strong defense may sway the judge to impose something less than the maximum sentence. The same is true for a defendant who introduces mitigating factors.

Most states recognize the following defenses to a second-degree murder charge:

• Self-defense/defense of others
• Mental illness/impaired mental state
• Involuntary intoxication
• Actual innocence

There is no guarantee these defenses will result in an acquittal. If the state can prove that a defendant committed premeditated murder, it will be difficult to avoid a murder conviction.

Examples of Second-Degree Murder

The facts of every second-degree murder case are unique, and some cases involve special circumstances. Specific examples can help present a clearer picture of how second-degree murder cases work.

The following are typical examples of second-degree murder:

• A person comes home to find their spouse in bed with another person. In the heat of the moment, the individual shoots and kills both their spouse and the other person. This qualifies as an unlawful killing of a human being. However, it lacks premeditation, a required element of first-degree murder.
• A person goes out for drinks with friends and decides to drive home. A mile after leaving the bar, they cause a fatal DUI crash, killing three people.
• Two people get into a fight at a local bar. One individual assaults the other with a broken beer bottle, causing the victim’s death. While there was no premeditation, the defendant knew that their actions could lead to serious bodily harm or death.

The details in every second-degree murder charge differ, making each instance unique.

State-Specific Second-Degree Murder Laws

Facing Second-Degree Murder Charges? Contact a Criminal Defense Attorney

If you’re facing murder charges, be it a first-degree murder charge or a second-degree murder charge, consult a skilled criminal defense lawyer. These are serious crimes, and the perpetration of either offense may land you in prison for the rest of your life.

Things move quickly once the police arrest and book you for murder. Speaking with a criminal defense attorney after your arrest is a smart move and part of trying to avoid a murder conviction. An experienced defense attorney will attempt to raise reasonable doubt in the jury’s minds. If an acquittal isn’t possible, they’ll try to reach a favorable plea bargain.