First-Degree Murder: Sentencing and Penalties

First-degree murder is one of the most serious crimes and carries some of the harshest penalties for a conviction. Lesser homicide offenses like second-degree murder or voluntary manslaughter may have a maximum penalty of 20 or more years in prison. The criminal penalties for first-degree murder can include life imprisonment or the death penalty.

Criminal sentencing and penalties for first-degree murder can depend on state law. For more about first-degree murder sentencing and penalties, talk to a local criminal defense lawyer for legal advice.

How Does Sentencing Work in a Murder Case?

Sentencing in a criminal case comes after a defendant is convicted of the murder charge. Sentencing can happen after a defendant pleads guilty or is found guilty by a jury. During sentencing, the judge decides what criminal penalties to impose on the defendant.

In many states, there are sentencing guidelines that provide the minimum and maximum sentences for a given criminal charge. However, judges may have discretion to go outside the guidelines based on the individual situation.

What Are the Penalties for First-Degree Murder?

First-degree murder, also referred to as capital murder, is the most serious homicide offense. First-degree murder generally involves an intentional, premeditated killing with malice aforethought. Penalties for first-degree murder are generally the harshest for any crime, but they vary from state to state.

The potential sentences imposed by judges for capital murder also vary by state. In some states, a conviction for first-degree murder carries an automatic sentence.

What Are Aggravating Factors?

Many states have statutes that specifically define aggravating factors for first-degree murder. Aggravating factors can increase the penalties, including adding more time to a prison sentence or removing the possibility of parole. Some aggravating factors can include:

• The nature of the murder
• The commission of a murder when accompanied by other violent crimes (including felony murder)
• The use of explosives
• The use of a firearm
• Whether the victim was a police officer, law enforcement officer, judge, witness, prosecutor, or juror
• The commission of a murder as part of gang activity

In California, a murder motivated by financial gain can be an aggravating factor. In Ohio, if the victim is under 13 years of age, it can be an aggravated murder. Vermont law provides that if a person commits two or more murders at the same time, they count as aggravated murders.

Life Sentences and the Death Penalty

The death penalty is still allowed in 27 states, in addition to the military and under federal criminal law. This sentence is generally reserved for the highest murder offense levels. Some states hand down the death sentence for first-degree murder, like Arizona. However, in other states, there have to be certain aggravating factors for a capital penalty.

If the court does not sentence someone to death, or in states without the death penalty, the maximum sentence can be life imprisonment. Sentencing can include a life sentence without the possibility of parole, meaning you cannot be released early.

The court can consider several factors in sentencing, including whether to impose the death penalty, a life sentence, or a number of years in prison. For example, in North Carolina, mitigating factors may include:

• The defendant’s age
• The defendant’s mental capacity
• Whether the defendant played a minor role in the crime
• Whether another person was equally responsible
• Whether the defendant acted under duress
• Whether the defendant had any prior convictions

Examples of State Maximum Sentences

The sentence handed down for first-degree murder will vary based on the specific circumstances of the case and the state in which the crime was committed. Here are examples of possible sentences for first-degree or aggravated murder:

• Arizona: Life imprisonment or death for aggravating factors
• California: 25 years to life in prison, life in prison without parole, or death with aggravating factors
• Florida: Life in prison without parole or death

• Illinois: 20 to 60 years in prison without parole, up to life without parole with aggravating factors
• New York: 20 to 25 years in prison or life in prison without parole
• New Jersey: 30 years to life
• Texas: Life in prison without parole or death
• Washington, D.C.: 30 to 60 years or life without parole

How Can a Criminal Defense Lawyer Help With Sentencing?

Many criminal court judges use sentencing guidelines. However, even the guidelines may have minimums and maximums. A criminal defense attorney can advocate for you during the sentencing hearing to put you in a stronger position to avoid the harshest penalties. Your attorney may be able to reduce your prison sentence or help you avoid the death penalty. For more information about how a criminal defense attorney can help, talk to an experienced criminal defense lawyer.