Washington Second-Degree Murder Law

Under Washington state law, murder is the killing of a human being by deliberate act, failure to act, or directing another person to act for you. In Washington, there is no requirement that the victim die within a certain amount of time after the act.

The state of Washington’s criminal code defines several types of homicide, with multiple degrees of murder. First-degree murder requires premeditation more than “a moment [at] a point in time.” Second-degree murder is an intentional killing without premeditation. It also includes the death of a person during the commission of another felony.

Washington formally abolished the death penalty in 2023. The most serious penalty any defendant faces for the crime of murder is life imprisonment without possibility of parole (LWOP).

Washington Second-Degree Murder

Murder in the first degree has three required elements: premeditation, intent, and the death of another person. Second-degree murder only requires intent and the death of another. In simple terms, second-degree murder occurs when a defendant wants to kill someone and then does it. First-degree murder requires an additional level of planning.

Second-degree murder is a Class A felony. Washington’s felony classifications determine the minimum sentence for a crime as well as considering aggravating and mitigating circumstances.

Felony Murder

Felony murder occurs when a defendant causes the death of a person during the commission of another felony crime. Defendants can also face felony murder charges if someone dies during the planning of the crime or in immediate flight from the crime. Defendants can face felony murder charges even if the death was unintentional.

First-degree felony murder happens if a death occurs during one of five enumerated felonies:

• Robbery
• Rape
• Burglary
• Arson
• Kidnapping

Second-degree felony murder is a death involving all other felony crimes, including assault. In Washington, felony murder excludes the death of any of the criminal participants. If two defendants attempt a carjacking and the driver dies, both defendants face felony murder charges. However, if one of the carjackers is killed, the other one will not face felony murder charges for their partner’s death.

Penalties

Second-degree murder is a Class A felony. Under Washington law, Class A felonies are punishable by life imprisonment, a fine of $50,000, or both. A second-degree murder conviction is eligible for parole, although life without parole is possible depending on the nature of the crime.

Defenses and Lesser Included Charges

Defendants can offer an affirmative defense when charged with murder. They can also agree to lesser charges. Washington does not have a “stand your ground” law, but defendants may plead self-defense. A self-defense claim requires a reasonable belief the defendant was in imminent fear of great bodily harm or death.

Justifiable Homicide

If a jury finds a defendant not guilty of murder because the killing happened in self-defense, the court may rule it a justifiable homicide. A justifiable homicide also occurs when a law enforcement officer kills a suspect during the course of their duties.

Excusable Homicide

An excusable homicide is a death that occurs due to an accident or a lawful act performed without criminal negligence. An example might be when a doctor prescribes a legally controlled substance, but the medication unknowingly contains a contaminant. An excusable homicide may still provide grounds for a civil case.

Get Legal Advice From a Washington Criminal Defense Attorney

Murder cases are the most serious of all criminal charges. Defendants have few options even when they are not guilty of the charges. If you are facing any homicide charges, contact a Washington criminal defense lawyer.