Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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Second degree murder is the second most serious of the homicide crimes in Missouri. In order to prove that the defendant committed second degree murder, the prosecutor must show beyond a reasonable doubt that the defendant killed an individual without lawful justification.
This degree or level of murder is the middle ground between first degree murder (premeditated and intentional killing) and voluntary manslaughter ("heat of passion murder"). If the criteria for second degree murder aren't met, the defendant may still be found guilty of a lesser murder charge, such as voluntary manslaughter or involuntary manslaughter (an accidental killing).
Some defenses to second degree murder are complete, meaning the accused walks free if believed by the court, such as innocence. However, others defenses, such as self-defense or intoxication may be only partial. These partial defenses may only reduce the crime to a lower murder charge, most often to voluntary manslaughter.
Although Missouri law permits the death penalty, it's only available for first degree murder. Second degree murder is a Class A felony, the highest felony level in Missouri. Sentences are based on the circumstances of the crime. At most, second degree murder can result in life in prison.
The following table highlights the main provisions of Missouri's second degree murder law.
Code Sections |
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What is Prohibited? |
A person commits murder in the second degree if he or she does any of the following:
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Penalty |
Murder in the second degree is a Class A felony punishable by 10-30 years or life in prison. If the murder occurred while committing or attempting another felony (i.e. burglary or robbery, but not murder or manslaughter) than this punishment is in addition to the sentence for the other felony. This rule can make for long sentences that are the equivalent of life imprisonment. |
Civil Case |
The family of a murder victim can sue the killer for wrongful death, whether or not he or she was convicted of the crime. Famously, this happened with O.J. Simpson, who was not convicted of murder, but did lose his wrongful death lawsuit. If you're sued for a wrongful death, you should consult with an experienced personal injury defense attorney. |
Note: State laws are constantly changing -- it's important to verify the state law(s) you are researching.
Dealing with any criminal charge can be a difficult experience. If you find yourself facing any murder or manslaughter charge, you should contact an experienced Missouri criminal defense attorney or public defender for assistance.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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