What is Murder?

Brandon Boushy

Sep 20

3 min read

Is all killing wrong? Is it all criminal?

In the eyes of the law, the answer is no.

The law recognizes there are shades of grey when a person is killed.

We’ll discuss the different types of murder to help you understand the legal differences.

Disclaimer

Please note that the following content is for entertainment purposes only. It should not be considered legal advice or providing information about how to get away with murder. However, if you do get away with murder, we’d love to hear how you got away with it.

What is the difference between murder and homicide?

Homicide is a coverall term for when a person is killed. It is not a legal term.

Meanwhile, murder is a legal term that requires intent or disregard for life.

What are the degrees of murder?

There are typically two or three degrees of murder that go from the most serious to least serious charges.

1st Degree
2nd Degree
3rd Degree

What is 1st-degree murder?

First-degree murder is commonly referred to as premeditated murder. This murder charge requires both planning and intent to kill, or disregard for life of, another person.

Without both, it would be a different type of homicide or murder.

In locations with the death penalty, 1st degree murder qualifies as capital murder and when convicted the killer can be executed by the state.

What is second-degree murder?

2nd degree murder is when the murder is unplanned, but the murder is intentionally committed.

What is third-degree murder?

3rd-degree murder is the lowest form of murder. It is normally reserved for crimes of passion or death caused by drugs. This charge is normally used when a prosecutor wants a longer sentence than manslaughter but when first or second degree murder would not be applicable.

What is Felony Murder?

Felony murder is when someone is killed while a person is committing a felony. It does not require intent or planning, but must be directly connected with another felony.

For instance if a gun discharges during a robbery and kills someone, a felony murder charge could be used.

What is Capital Murder?

Capital murder is a murder that is eligible for the death penalty. It’s not relevant in states that don’t have the death penalty.

What is Malice Murder?

Malice murder is a charge in Georgia that is similar to first degree murder. Conviction may mean the death penalty or life imprisonment with or without parole.

What is aggravated murder?

Aggravated murder is 1st degree murder with additional circumstances. For instance, killing multiple people, rape, or particularly gruesome murders may be charged with aggregated murder.

What is attempted murder?

Attempted murder is a criminal charge that is used when someone plans to kill a person or tries to but fails. This charge may be used when someone pays for a hitman, creates and plants a bomb, or shoots a person but it doesn’t kill them.

What is the difference between first and second degree murder?

The difference between 1st degree murder and 2nd degree murder is whether the murder was planned.

If there was no planning, retrieving a weapon, or other actions taken before the murder occurred it will probably be second degree murder.

What is the difference between murder and manslaughter?

Murder requires is when the killing of a person is either planned or intentional. Manslaughter is when the homicide is either accidental or in the heat of passion.

Manslaughter also comes with much lower sentencing maximums than murder.