Washington State First Degree Murder Law

In Washington State, a defendant may be found guilty of murder in the first degree if they:

• Had premeditated intent to cause the death of another individual, or they caused the death of a third party; or
• Acted in a manner that showed extreme indifference to human life and they engaged in the conduct that caused the death of another individual; or
• They committed or attempted to commit a felony during which another individual was killed.

What Felony Must the Defendant Have Committed to Be Guilty of First Degree Murder?

There are certain crimes that separate first degree and second degree murder. In the State of Washington, there are specific felonies that separate the two, including:

• First or second degree robbery;
• First or second degree rape;
• First or second degree burglary;
• First or second degree arson; and
• First or second degree kidnapping.

Does First Degree Murder Require Premeditation?

Yes, first degree murder requires premeditation. Premeditation is the act of planning a criminal offense.

In contrast to other murder degrees, first degree murder has to involve more than a moment in time before the murder is committed. This is based on the issue of intent.

An individual can form intent to murder in a split second. However, premeditation takes more time and planning.

What Is Murder?

Murder is a criminal offense that involves the unlawful killing of one individual by another. It is one of the most serious crimes a perpetrator can commit.

The penalties for an individual who is convicted of murder may be severe and may include life imprisonment or even the death penalty in some states. Murder is typically classified in different degrees based upon the circumstances of the crime and the intent of the perpetrator.

First degree murder is the most serious category. Usually, it involves premeditation and planning.

Second degree murder is still committed with intent but may not have involved planning or premeditation.

What Is Malice?

A crime that was committed with malice means that the defendant intended to cause injury or harm to another individual or had a reckless disregard for the safety and well-being of other individuals. Malice is an element of the crime of murder.

It refers to the deliberate and intentional killing of another individual without legal excuse or justification. In the context of the offense of murder, malice is usually classified in one of two categories, express malice and implied malice.

Express malice arises when the perpetration deliberately and intentionally causes the victim’s death. Implied malice, in contrast, arises when the perpetrator engaged in inherently dangerous conduct or showed a reckless disregard for human life and, as a result, an individual was killed.

If an individual premeditated and planned a murder, they acted with express malice. In contrast, if they drove recklessly and caused a car accident that resulted in another individual’s death, they may be charged with murder based on implied malice.

What Are the Gradations of Murder?

The classifications and gradations of murder are the different degrees that are based on the perpetrator’s intent, the circumstances of the case, and the severity of the crime. These classifications may vary by state.

Common examples of murder classifications include:

• First-degree murder: This is the most serious form of murder and typically involves premeditation and planning;
  • It also may include murder that was committed during the commission of another felony, such as:
    • rape;
    • kidnapping; or
    • robbery;
• Second-degree murder: Second-degree murder involves the intentional killing of another individual without premeditation or planning;
  • It may also be charged when the killer intends to cause serious bodily harm and the victim dies as a result;
• Voluntary manslaughter: Voluntary manslaughter involves the intentional killing of another individual that was done in the heat of passion or under circumstances that would cause a reasonable individual to become emotionally or mentally disturbed; and
• Involuntary manslaughter: This crime involves killing another individual unintentionally but as a result of criminal negligence, recklessness, or an unlawful act that is not inherently dangerous.

A felony murder occurs when an individual is killed during the commission of a felony. Under the felony murder rule, if an individual dies during the commission of a felony, all of the participants in the crime can be charged with murder, regardless of whether or not they intended to kill someone.

For example, if a group of individuals rob a store and a security guard is accidentally killed during that robbery, all of the participants in the crime can be charged with felony murder, even if they did not intend to cause harm or kill. It is important to note that the application of the felony murder rule may vary by state.

What Is the Difference between First Degree and Second Degree Murder?

First-degree and second-degree murder are the two most serious classifications of murder, distinguished by different levels of intent and premeditation on the part of the defendant, as discussed above. The most serious category of murder is first degree murder where the defendant acted with premeditation and had the specific intent to cause serious bodily harm or kill or the murder occurred during the commission of another serious felony.

In general, second degree murder is a killing that was intentional but not premeditated. This means the defendant did intend to cause serious bodily harm or kill but they did not plan it in advance.

The difference between these two degrees of murder may have significant implications for a defendant. First degree murder typically carries more severe penalties than second degree murder.

In certain states, first degree murder may be punishable by life in prison without the possibility of parole or the death penalty.

How Can a Murder Lawyer Help?

A murder lawyer can help a defendant by investigating the facts of their case and developing a strong defense strategy to fight the charges against them, which may involve:

• Challenging the prosecution’s evidence;
• Negotiating a plea bargain; or
• Presenting mitigating factors to reduce their charges or sentence.

A murder lawyer will also help ensure that the rights of the defendant are protected throughout the legal process, which includes:

• During law enforcement investigations;
• During court appearances; and
• At sentencing hearings.

The goal of a murder lawyer is to achieve the best outcome possible for their client.

What Is the Punishment for First Degree Murder in the State of Washington?

In Washington State, first degree murder is a class A felony. If convicted of first degree murder, a defendant may face:

• Life in prison;
• Criminal fines up to $50,000; or
• A combination of both.

Should I Hire a Criminal Lawyer to Represent Me in My First Degree Murder Charge?

If you have been charged with first degree murder in Washington State, it is essential to consult with a Washington criminal lawyer. This is the most serious crime you can be charged with and the implications of a conviction are extremely serious and will affect much more than your criminal record.

Your lawyer may be able to negotiate on your behalf and obtain a plea bargain or a reduction in the charges against you. In addition, your lawyer will represent you anytime you appear in court and ensure that your rights are protected throughout the process.