What Is Second Degree Murder?

Murder is murder is murder, right? Many people believe that if a person takes a life, they should be subject to the harshest penalties that the law allows regardless of the circumstances surrounding the death. However, that is not how the legal system works.

The legal system categorizes murder based on various factors. That includes intent and how a person carries out the crime. States then assign a designation based on levels of degree, such as first-, second-, and third-degree murder. A second-degree murder conviction carries a lesser penalty than that of a first-degree conviction. But, it comes with a harsher punishment than that associated with third-degree murder or manslaughter charges.

An Overview of Second-Degree Murder

Second-degree murder is typically defined as intentionally taking a life without premeditation. The intent is to cause harm, not necessarily to gain something, as seen in first-degree cases. It reflects an extreme disregard for human life but without the planning element.

In some states, murder isn’t classified by degrees, treating all instances under a single legal framework. Even so, judges in these states often consider factors like motive, intent, and circumstances. These allow for reduced sentences in cases deemed less severe.

Elements of Second-Degree Murder

It is not uncommon for jurors to question what separates a second-degree murder charge from one of the first-degree. To help these individuals make the most informed decisions, courts may provide them with documents that clearly outline the elements of each type of murder. Those elements are outlined below. States may also use these elements to classify the type of charge a defendant faces.

Extreme Indifference to Human Life

Second-degree murder charges often stem from a person’s extreme disregard for human life. This means the defendant knew their actions could likely cause death but proceeded anyway.

For instance, if two people start fighting, and one pulls out a gun and fires recklessly into a crowd. Killing someone in this circumstance can qualify as second-degree murder. Even if they didn’t intend to kill, the shooter showed no regard for the lives of those around them.

Lack of Premeditation

One of the biggest distinctions between first- and second-degree murder is the lack of premeditation. Anyone can argue that murder of any degree shows extreme indifference to human life, but you can prove or disprove premeditation.

Say, for instance, that a husband and wife get into an argument. The couple has been arguing a lot lately, and both have talked about divorce. However, the parties have children together, and neither would want them to grow up without a mother or a father. Murder was never on either’s mind when they began fighting.

Yet, halfway into the argument, the wife bumps into an end table that houses the husband’s gun. The wife grabs for it and shoots the husband. Up until that point, she had no intention of shooting her husband. Yet, at the moment she pulled the trigger, she fully intended to kill him. Given the circumstances, a judge may determine that the crime is of the second degree.

Say, however, that the husband pushes the wife into the end table after administering a verbal assault for no reason. The wife grabs the gun in the heat of passion and pulls the trigger. In this case, a judge would likely rule that the crime is voluntary manslaughter.

Intent To Only Cause Serious Bodily Injury

Second-degree murder can also occur when someone causes a death by intending only serious bodily harm. For example, if two people argue, and one shoves the other out of frustration into traffic, this could qualify as second-degree murder. Though the intent wasn’t to kill, the person acted recklessly, knowing that pushing someone into a busy street could easily lead to death.

Felony Murder

Some states do not recognize this type of murder, but because several do, it is worth noting. Felony murder is the type of murder that occurs during the commission of another felony. For example, say a person breaks into a family’s home with the intent to rob it. The homeowner wakes up and confronts the robber with a gun. The offender’s knee-jerk response is to pull his or her gun on the homeowner and pull the trigger, which he or she does. Some states may charge the burglar with second-degree murder. However, other states view murder that occurs during the commission of a felony as one of the first-degree.

Penalties for Second-Degree Murder

All states take a harsh stance against all types of manslaughter and murder. However, because second-degree murder is the second-most serious type of murder one can commit, the punishments associated with it are particularly severe and include a prison term of anywhere between 15 years to life. However, judges must consider several aggravating and mitigating factors before deciding on an appropriate sentence. Such factors include a person’s criminal history, the nature of the defendant’s childhood, the defendant’s mental health, the brutality of the crime, whether the crime was a hate crime, and the defendant’s civic contributions.

Work With an Experienced Local Lawyer

If you face murder charges of any kind, you should contact a criminal defense attorney right away. An experienced and aggressive lawyer can build a compelling case in your favor. They might either show that you did not commit the crime, the victim provoked you or you committed the crime in self-defense. The first defense can result in a not-guilty verdict, while the latter two may work to reduce the charges against you. Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.