District of Columbia Second-Degree Murder Law

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.

If you’re 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 without the possibility of parole.

Second-degree murder, on the other hand, has no minimum mandatory sentence. The maximum sentence is life in prison with the possibility of early release.

This article explains how the second-degree murder laws work in the District of Columbia, including the potential penalties and defenses.

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

Differences Between First-Degree Murder and Second-Degree Murder Under the D.C. Code

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 as someone guilty of murder in the first degree. However, there are distinct differences between the two crimes.

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.

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

Under the D.C. criminal code, all murders that don’t qualify as first-degree constitute second-degree murder. Second-degree murder serves as a catchall for all homicides that don’t qualify as first-degree murder but are more serious than voluntary or involuntary manslaughter.

Felony Murder Constitutes First-Degree Murder Under Washington, D.C. Law

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

In D.C., the following crimes are eligible for felony murder:

• Arson
• Kidnapping
• First-degree sexual abuse
• First-degree child sexual abuse
• Robbery
• Breaking into a home with a dangerous weapon
• Drug crimes
• Mayhem
• First-degree cruelty to children

Anybody guilty of felony murder in the District of Columbia is guilty of a Class A felony. The penalties for this crime are the same as first-degree murder, which range from 30 years imprisonment to life without the possibility of parole.

District of Columbia Second-Degree Murder Laws: Recap

The following table outlines the District of Columbia’s second-degree murder laws.

Disclaimer: D.C. laws change frequently due to emergency legislation, higher court rulings, etc. FindLaw strives to provide the most current information. Consider contacting a D.C. criminal defense attorney or conduct additional research to confirm D.C. laws.

A D.C. Criminal Law Attorney Can Help

If you’re facing murder or manslaughter charges, consider speaking with a local defense attorney. A conviction for any violent crime will result in a lengthy prison sentence. The best way to avoid a conviction is to create reasonable doubt. Experienced criminal defense lawyers know how to do this.

Regardless of the type of criminal charges you’re dealing with, meeting with an attorney as soon as possible after your arrest is a good idea. It takes time to prepare an adequate defense for a trial, so consider contacting a local District of Columbia defense attorney to schedule an initial consultation sooner rather than later.

Related FindLaw Resources

• Murder of a Law Enforcement Officer in D.C.
• District of Columbia First-Degree Murder
• District of Columbia Criminal Laws