First-Degree Murder Laws
First-degree murder is arguably the most serious of all crimes. A conviction may result in the death penalty in states that have retained capital punishment, or otherwise in life imprisonment. In some cases, though, a defendant may have a strong argument for an acquittal or a reduction in the charge. Someone who may be suspected of first-degree murder should consult a criminal defense attorney immediately, even if they have not been charged.
Elements of First-Degree Murder
As with other homicide offenses, a prosecutor usually needs to prove that the defendant caused an unlawful killing of another person. In a typical first-degree murder case, the prosecutor also needs to establish that the defendant had a certain mental state. States define first-degree murder in a variety of ways, but often a prosecutor must show both intent and premeditation. This means that the defendant had time to reflect before committing the homicide, which the law tends to see as more blameworthy than killing on an impulse.
A broad range of circumstances can suggest premeditation. For example, if the defendant threatened the victim in advance, or if they had an ongoing feud, this may suggest a pre-formed intent. The prosecution also likely will have a strong case if the defendant waited to ambush the victim or launched an attack when the victim was incapacitated. Sometimes the manner of death might indicate whether the defendant had a plan or acted on an impulse. A defendant who bought poison before putting it in the victim’s drink likely acted with premeditation. Murder for hire also generally would be first-degree murder under this theory.
A defendant also may face a first-degree murder charge if a death occurred during a felony in which they participated. This is called felony murder, which may be classified as either first-degree or second-degree murder, depending on the jurisdiction. The felony murder rule often applies only to certain dangerous felonies specified by statute, such as rape, kidnapping, arson, or armed robbery. A prosecutor does not need to show homicidal intent in these cases. A defendant might even be liable for a homicide by an accomplice.
Certain states, such as Colorado and Washington, provide for a first-degree murder charge when a defendant showed an extreme degree of recklessness that indicated an indifference to human life. However, this mental state more often supports a second-degree murder charge.
Examples of First-Degree Murder
Let’s look at a situation in which Vern starts dating Phil’s ex-girlfriend. Still bitter after the breakup, Phil texts Vern to “get ready to eat some lead.” He then buys a gun and ammunition. That evening, Phil waits for Vern outside his workplace and shoots him when he leaves. Phil could face a first-degree murder charge in a state that uses a premeditation theory.
Now let’s look at a situation in which Patrick and his friend Paul have kidnapped Veronica. When she tries to escape, Paul panics and shoots her. If she dies, Patrick could face a first-degree murder charge under the laws of some states even though he did not personally kill her and did not intend her death.
Offenses Related to First-Degree Murder
Some offenses that might be charged in situations similar to those supporting a first-degree murder charge include:
- Second-degree murder: a homicide committed with intent (or sometimes extreme recklessness) but not premeditation
- Voluntary manslaughter: a homicide that occurred when the defendant responded in a “heat of passion” to a severe provocation
- Involuntary manslaughter: an unintentional homicide involving recklessness or criminal negligence
- Vehicular homicide: a homicide caused by the improper operation of a vehicle
Defenses to First-Degree Murder Charges
Proving intent and premeditation beyond a reasonable doubt can pose a challenge for prosecutors. Some defendants may question the strength of the evidence supporting the mental state element of the crime, arguing that they should be charged (at most) with a lesser homicide offense like involuntary manslaughter. However, defendants may have a wide range of other plausible arguments, depending on the circumstances.
A common defense to murder is self-defense or defense of others, which means that the defendant was justified in using deadly force as a reasonable response to an imminent threat of deadly force by the victim. If this argument succeeds, the defendant will not face any criminal liability. Some states allow defendants to argue “imperfect self-defense,” which means that they honestly believed that they needed to use deadly force, although this belief was not objectively reasonable. This is a partial defense that can reduce a murder charge to manslaughter.
Some simpler defenses include mistaken identity or an alibi. Perhaps the person who accused the defendant lied because of an improper motive or could not see them clearly enough to identify them. Or perhaps the defendant can produce evidence showing that they were somewhere else at the time of the homicide. Sometimes a defendant might produce evidence pointing to an alternative perpetrator, although this is not required.
Law enforcement errors or misconduct sometimes might defeat or reduce a charge. For example, if the police prevented a suspect from eating or sleeping until they confessed, the resulting confession probably would not be admissible in court. In another example, if the police did not have a valid basis for a search, the defendant might persuade the court to exclude any evidence obtained through the search.
In some extreme cases, a defendant might mount an insanity defense. One common form of the insanity defense requires showing that the defendant did not understand the nature of what they were doing, or did not understand that it was wrong. This defense is often a last resort because its success tends to result in involuntary commitment to a psychiatric institution.
Penalties for First-Degree Murder
As explained earlier, a first-degree murder conviction may result in the death penalty if the state permits capital punishment. (The death penalty remains available under federal law.) Nearly half the states have abolished capital punishment, while some of the other states have paused executions for legal, ethical, or logistical reasons. If a defendant is convicted of first-degree murder, and the prosecution seeks the death penalty, the trial will proceed to a separate sentencing phase that involves weighing aggravating factors against mitigating factors.
Defendants who do not get a death sentence typically will face life imprisonment or another very long term of incarceration. Here are some examples of possible non-capital sentences:
- California: Life imprisonment without the possibility of parole, or imprisonment for 25 years to life
- Florida: Life imprisonment without parole
- Illinois: At least 20-60 years, and potentially up to natural life
- Missouri: Life imprisonment without eligibility for probation or parole
- New York: Minimum term of 20-25 years, and potentially life imprisonment without parole
- Pennsylvania: Generally life imprisonment
- Virginia: Minimum term of 20 years, and potentially life imprisonment
- Washington: Life imprisonment
Penalties may differ for minors convicted of first-degree murder. In the 2012 decision of Miller v. Alabama, the U.S. Supreme Court ruled that the Eighth Amendment to the Constitution does not allow a state to mandate life imprisonment without parole for juvenile homicide offenders.
