Idaho Second-Degree Murder

Idaho law classes murder as either first- or second-degree murder depending on the nature of the crime. First-degree murder must fall into one of several enumerated categories. Otherwise, it is second-degree murder.

In this article, we’ll explain how second-degree murder is charged in Idaho. We’ll also outline the potential penalties and possible defenses. If you’re facing criminal charges, especially a homicide charge, it’s essential to get legal advice as soon as possible. A local criminal defense attorney can walk you through your options, negotiate with prosecutors, and protect your rights.

Idaho’s Murder Statute

Under Idaho Code, murder is the unlawful killing of a human being with malice or through the intentional application of torture. The use of torture causing death is murder regardless of the killer’s actual intent.

Idaho’s first-degree murder statute contains six subdivisions of homicide, each with multiple types of murder therein. For example:

• The murder of any peace officer, prosecuting attorney, or other law enforcement agent in the course of their duties
• A murder committed by use of poison, torture, or lying in wait
• A murder committed by any person previously sentenced for first- or second-degree murder or on probation or parole for such a crime
• A murder committed by a penal institution inmate on any other person within the institution, or while escaping or attempting to escape from one

All other murders are second-degree murder.

Idaho also has a felony murder rule. If a death occurs during the commission of a crime, the defendant can face either first- or second-degree murder charges.

Law enforcement files first-degree murder charges when the underlying crime is:

• Battery or attempted battery against a child under 12 years of age
• Arson
• Rape
• Robbery
• Burglary
• Kidnapping
• Terrorism
• Use of a biological or chemical weapon

Death resulting from any other felony or misdemeanor not listed in the first-degree statute can result in second-degree murder or manslaughter charges. The charges against the defendant will depend on the details of the offense.

Penalties

In Idaho, all first-degree murder convictions receive life sentences. Idaho allows for capital punishment (the death penalty) for first-degree murder with aggravating circumstances. In a jury trial, prosecutors must request the death penalty before the jury can impose it.

Second-degree murder is punishable by a minimum of ten years’ imprisonment. The sentence can extend to life imprisonment.

Defenses

Possible defenses to second-degree murder include:

Self-Defense

Idaho has an affirmative “stand-your-ground” law. Under this statute, individuals may use any reasonable force, up to and including lethal force, in the defense of:

• Themselves or their family
• A third party at risk of a violent crime
• Their residence or property
• Without any duty to retreat from any location where they have a lawful right to be

In any prosecution for the use of deadly force, if the defendant makes a claim of self-defense, the burden is on the prosecution to prove the defendant acted unreasonably and the use of force was not justified. Self-defense is rarely a viable option when a police officer is involved.

Accident or Misfortune

If the defendant acted lawfully with due caution and without malicious intent, the act may be excused as an accident. A situation where the defendant operated a gun range and a victim died when a weapon misfired, despite all due precautions in the gun range, would be a case of accident or misfortune.

Mutual Combat

If the homicide occurred during a sudden personal combat after an adequate provocation, without use of a deadly weapon or any unusual advantage, the charge becomes manslaughter. A bar fight where the victim fell against a table and died would be an example of a mutual combat homicide.

Get Legal Advice From an Idaho Criminal Defense Attorney

Homicide is one of the most serious charges you can face. If you or a loved one faces such charges, you’ll need legal advice tailored to your situation. Contact an Idaho criminal defense attorney for a consultation about your rights before speaking to anyone else about the matter. They can explain your options, protect your constitutional rights, and negotiate with prosecutors on your behalf.