Washington First-Degree Murder Laws

First-degree murder is a heinous crime and carries severe sanctions. In this article, we’ll explain how Washington state defines first-degree murder, how it differs from a second-degree murder charge, the possible penalties, and common defenses.

How Washington State Defines First Degree Murder

Washington’s first-degree murder statute defines murder in the first degree as killing where a person causes the death of another person:

• With premeditation
• With intent
• Without justification or lawful excuse

Under this statute, premeditation means the accused took more than a moment to consider the act of the crime of murder. The defendant must have had enough time to plan or think about the consequences of deliberately causing the death of a person.

First-degree murder can also result from:

• Conduct displaying an extreme indifference to human life, in which a risk of death was likely and did result
• Felony murder, which consists of a death resulting from the commission of burglary, arson, robbery, rape, or kidnapping, unless the person who died was a participant in the felony (rather than a victim), or to deaths that occur while fleeing immediately after committing one of these felonies

Burning down a building that the defendant knew contained people would be considered felony murder if it resulted in the killing of a human being.

How Second Degree Murder Differs From First Degree

The main difference between first-degree and second-degree murder under Washington law is premeditation. Second-degree murder is intentional killing without planning ahead of time.

If someone kills another person during a sudden fight or in a moment of rage, that would likely be charged as second-degree murder. Both first- and second-degree murder involve intent to kill, but first-degree murder requires proof that the person thought about and planned the killing beforehand.

Felony Murder Differences

Second-degree murder in Washington also includes deaths that happen during certain felonies. First-degree felony murder only applies to deaths during burglary, arson, robbery, rape, or kidnapping. Second-degree felony murder covers deaths during any other felony.

People who take part in a felony where someone dies may face second-degree murder charges instead of first-degree if they:

• Did not have a deadly weapon
• Had no reason to think others had deadly weapons
• Had no reason to think others planned to hurt or kill anyone

Each case is different.

Other Homicide Offenses

Washington has other homicide crimes that are less serious than first or second-degree murder. These include homicide by abuse and two types of manslaughter. These crimes usually involve reckless behavior or acting in extreme emotional distress, rather than planned or intentional killing.

Penalties for First Degree Murder in Washington

The state of Washington formally abolished its death penalty in 2023. First-degree murder is a Class-A felony punishable by up to life imprisonment. A typical sentence is between 20 and 30 years, unless there are aggravating circumstances.

If a jury finds a defendant guilty of first-degree murder, it then must determine if there were aggravating factors that warrant a life without parole sentence. Aggravating circumstances may include, but are not limited to:

• Any felony murder crime
• The victim was a member of law enforcement (police officer, firefighter, or peace officer)
• The crime was a “murder-for-hire” scheme
• Any gang-related murder
• Any murder to impede the execution of justice (the victim was a judge, prosecutor, defense attorney, or court officer)
• If a domestic violence protection order existed against the defendant

Adult defendants found guilty of aggravated first-degree murder receive a mandatory term of life imprisonment without possibility of parole. Defendants under 18 at the time of the offense must receive an indeterminate life sentence with the possibility of parole.

Defenses to First-Degree Murder

Under Washington law, the prosecution has the burden of proving the defendant had premeditated intent when committing the crime. Possible defenses to murder negate the premeditation and intent elements. These include:

• Justifiable homicide: The Washington criminal code states that homicide is justifiable if committed in self-defense or to protect another person from an imminent threat of serious bodily harm
• Lack of premeditation: A crime committed in the “heat of passion” without forethought is classed as second-degree murder

Intoxication is not an absolute defense, but it can partially negate premeditation and intent. Voluntary intoxication may reduce first-degree murder to second-degree, but it likely won’t exonerate a defendant.

Get Legal Advice From a Criminal Defense Attorney

Facing murder charges in Washington is a serious matter with life-changing consequences. An experienced criminal defense attorney can review the facts of your case, explain possible defenses, and protect your legal rights. If you or a loved one has been charged with murder, contact a Washington criminal defense attorney for assistance as soon as possible.