Difference Between First and Second Degree Murders

Here is a chart to help you understand the difference between first and second degree murder:
Difference in Legal Definition
Third-degree murder (manslaughter) is the category for most murders, but certain factors help distinguish serious kinds of murders.

Third-degree murder (manslaughter) is the category for most murders, but certain factors help distinguish serious kinds of murders. These factors include premeditation, intent, kidnapping, and if there were some special circumstances, such as multiple murders or murder of a law enforcement officer.

First-degree murder refers to grave murder committed in a cruel way under special circumstances. This type of murder is planned against one or more persons. The special circumstances could be hijacking, kidnapping, robbery, and assault on government officials or pregnant women.

On the other hand, second-degree murder is premeditated murder against relatives or spouse. The murder is committed due to personal interest without the presence of any special circumstances like in first-degree murder. It is usually less grave as compared to first-degree murders.

Difference in Penalty

A difference between first and second degree murders is that the criminal is punished differently for both crimes. Someone committing first-degree murder is put behind the bar for at least 25 years, whereas someone committing second-degree murder is put in prison for 10-25 years. Penalty for first-degree murder is usually without parole, whereas someone committing second-degree murder may be imprisoned with or without parole. You may notice some exceptions though, depending on state of mind and age of the murderer. The circumstances surrounding the murder may also make a difference.