Types of Murder Charges

Types of Murder Charges

Murder is the most serious of criminal charges and constitutes the most important cause of action in our legal system. There are a number of varieties of murder which makes this already frightening subject more confusing; this essay will hopefully distinguish and explain their differences. Fundamentally, murder charges are categorized into different degrees based on the intent of the crime.

First-Degree Murder is defined as the killing of one human being by another without lawful justification or excuse, occurring in one of three ways: willful and deliberate; during the commission or attempted commission of a felony (felony murder); or by acting with “depraved mind.”

  1. Willful and Deliberate Murder is likely what you think of when you think of a murder. It occurs when the defendant decides to kill by thinking over the consequences of killing and then going ahead and committing the act. This deliberation doesn’t have to take place over a long period of time; but this mental process is very often the crucial issue for the charge because the prosecutors need to show that the killing was more than a rash impulse.
  2. Felony Murder occurs when the killing happens while the defendant is committing a dangerous felony. An example might occur if someone dies during an armed robbery. The idea is that the defendant, in bringing a gun to steal money from another, knew that this act put the possibility of death on the table: so his intent is thus proven. Felony murder creates wide-ranging liability because the defendant can be on the hook for the first degree murder even if he didn’t want the killing to happen and it wasn’t even him that pulled the trigger but his co-defendant. Here, because felony murder is a theory of first degree murder, participation in a dangerous felony carries very serious liability if someone ends up dying.
  3. Depraved Mind Murder is a less common theory of murder which occurs when the defendant, even though he does not intend to kill, acts so incredibly recklessly that his actions show his utter disregard for safety and lives of others. A person who drove his car at an incredible speed through a pedestrian mall, hitting people might not actively intended to kill anyone, but his wild action shows a depravity and wanton disregard for human life that first degree murder is warranted.

First-degree murder is classified as a “capital” felony in New Mexico even though the death penalty was abolished in 2009. Instead, first degree murder has a mandatory life-sentence: 30 years in prison without any good time. After 30 years, the prisoner can apply for parole, but likely won’t get it on a first (or second) try. The very strict and incredibly long sentence of a capital crime is a powerful leverage the prosecutor holds against the defendant.

Second-Degree Murder involves killing another human without lawful justification or excuse when the killer knows that their acts create a strong probability of death or great bodily harm. Note that second degree murder’s requirement for the intentions of the killer are significantly less than first degree murder. Second degree murder is almost alway a lesser included offense of first-degree murder; this means that the jury may, if they don’t believe that the higher standard of first degree murder isn’t met, they can then choose Second-degree murder as the correct verdict.

Second Degree Murder has a basic penalty of 20 years maximum, but is subject to various enhancements like use of a fire-arm or habitual offender. Second Degree Murder is a serious violent offense so an offender can earn up to 15% of that sentence off for good time.

When Second Degree Murder is alleged, the prosecutor usually has the burden of proving that the defendant was not “sufficiently provoked.” Provocation is an important issue in cases where there is an active dispute or very emotional issue occurring between the defendant and the person he killed. What is sufficient provocation? It is defined by the law in this way “any action, conduct or circumstances which arouse anger, rage, fear, sudden resentment, terror or other extreme emotions. The provocation must be such as would affect the ability to reason and to cause a temporary loss of self control in an ordinary person of average disposition. The “provocation” is not sufficient if an ordinary person would have cooled off before acting.” There isn’t too much more for the jury to go on aside from this definition, their life experiences and how persuasively the lawyers argue one way or another.

Sufficient provocation is crucial because if the jury decides that the provocation is enough, second degree murder reduces to Voluntary Manslaughter. Basically, voluntary manslaughter is second degree murder with sufficient provocation; it is a killing done in the heat of passion. There is a huge reduction in penalty from second degree murder down to voluntary manslaughter; voluntary manslaughter is a third-degree felony with a maximum sentence of six years before any enhancements.

Sufficient provocation is known as an “imperfect defense” which distinguishes it from straight up self-defense. If a jury determined that the prosecutors did not disprove that the defendant acted in self-defense, he will be acquitted. Sufficient provocation is “imperfect” because it reduces second degree murder down to voluntary manslaughter, but it will not acquit the defendant. Acting with sufficient provocation is still unlawful. Sufficient provocation and self-defense are related, but only self-defense will justify the action and make it not criminal.

Finally, if the killing is unintentional (and not involving a motor vehicle crash like a DWI or reckless driving; please see my essay on vehicular homicides in the DWI section) it is an Involuntary Manslaughter. Involuntary manslaughter is defined as killing committed in the commission of an unlawful act not amounting to a felony, or in the commission of a lawful act that might produce death in an unlawful manner or without due caution and circumspection. It is classified as a fourth-degree felony with an 18-month penalty. A lot of times when a person is first arrested, he finds that he is charged with an “open count” of murder. This term functions essentially as a placeholder until a grand jury or a judge in a preliminary hearing determines what the highest possible charge will be. Generally, if first degree murder is charged, the “lesser included charges” of second degreemurder and voluntary manslaughter will be charged as potential lesser options for a jury.

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