Top Orinda, CA First Degree Murder Lawyers Near You

What Is First Degree Murder?

First-degree murder, ranked among the most serious criminal offenses, is a crime where the perpetrator kills a victim, having planned the act out in advance. There are several enhancements that can be brought against such an offender, such as if the killing is considered to be the result of a hate crime (biases against the victim’s race, sex, sexuality, etc.) or if the victim is a law enforcement officer or public servant.

Elements of First Degree Murder

First-degree murder is the most serious charge you can get for killing another person. While the specific definition will differ by state, it typically requires premeditation and planning. Often first-degree murder charges occur when the killer was lying in wait or was committing a felony, such as rape or burglary.

What Is the Difference Between First, Second, and Third Degree Murder?

From a federal perspective, murder charges only apply in the first and second degree, with what many state courts refer to as third-degree murder being replaced with the charge of manslaughter.

First-degree murder, federally, refers to premeditated murder with “malice aforethought.” The statute includes poisoning and laying in wait, and also makes it clear that a killing that takes place during the commission of another felony offense such as sexual assault, arson, espionage or kidnapping also constitutes first-degree murder. All other murders are classified as second-degree murders.

Federal statutes also detail that manslaughter (both voluntary and involuntary) are the result of a killing without malice aforethought, lining up — in general — with state-level considerations of both manslaughter and third degree murder.

Second-degree murder at the state level typically refers to an unplanned killing that could be the result of extremely reckless behavior without concern for human life (firing a gun into a crowd on impulse), or a “depraved heart” murder. In some states, you can be charged with second degree murder if you acted in the role of an accomplice or accessory to a murder.

Third-degree murder, or manslaughter, is frequently charged as a killing set off by a quarrel or a fit of passion (for example, an enraged spouse attacking another individual while discovering an adulterous affair, killing them in a rage), in this case, an example of voluntary manslaughter. The crime can also cover involuntary killings made with a reckless mind or intent.

What Is Capital Murder vs. First Degree Murder?

Capital murder differs from first degree murder in that it involves aggravating circumstances that elevate the crime as well as the sentencing resulting from a conviction. The most common reasons capital murder may be charged include: the killing of a police officer or first responder, the killing took place during the commission of another felony act, the victim is tortured or raped prior to the murder, the murder is the result of hate, the murder was conducted in exchange for money or the murder was an act of terrorism.

Capital murder is a term only used in eight states (Alabama, Arkansas, California, Kansas, Mississippi, New Hampshire, Texas and Virginia) while other states prefer “aggravated murder” or “malice murder.” However, the end result is the same — capital murder can result in the death penalty in jurisdictions that allow for it, and prison sentences ranging from 25 years to life in states which do not.

Can You Get the Death Penalty for First Degree Murder in California?

In states that allow for the death penalty, first degree murder charges — or capital murder charges, more particularly — could result in the death penalty for those convicted of the most serious offenses. Both the United States government as well as the United States military currently allow for the death penalty to be handed down.

How Long Is a First Degree Murder Sentence?

A first degree murder conviction could lead to a life sentence or even the death penalty. In broad terms, a conviction of first degree murder charges could lead to a first-time offender serving between 15 years to life, with a chance of parole (and subsequent probation) for eligible offenders.

Are You Facing First Degree Murder Charges?

Have you been charged with first degree murder? First degree murder is a felony-level homicide, and if convicted, you could be imprisoned for years, life or face the death penalty. Contact an attorney skilled in defending first degree murder cases to protect your legal rights.