A murder is an unlawful homicide committed with premeditation and malice. A homicide is the killing of one human being by another.
Murder is one of the most serious crimes in the United States criminal justice system. The penalties for a conviction of murder may be severe, and may include life imprisonment or the death penalty in certain jurisdictions.
In general, murder is classified into degrees based on the intent and circumstances of the crime. The most serious category of murder is first-degree murder.
First-degree murder usually involves planning and premeditation. Second-degree murder is still an intentional murder but may not have involved planning or premeditation.
How Is Murder in the Second Degree Defined in Washington State?
The State of Washington has different degrees of murder. First-degree murder is when a defendant committed a homicide with premeditation, deliberation, and malice.
Second-degree murder in Washington State occurs when a defendant intentionally kills another individual, but it does not require that the defendant acted with premeditation.
What Is Premeditation?
Premeditation is when an individual planned a killing before they carried it out. This differs from situations where the killing occurs as a reaction or an accident.
What Is Malice?
Malice is a mental state where an individual intended to cause harm or injury to another individual. It may also be a reckless disregard for the well-being and safety of other individuals.
Malice is an element of the crime of murder that must be proved by the prosecution. It is the deliberate and intentional killing of another individual without legal justification or excuse.
In murder cases, malice usually has two classifications, express and implied. Express malice arises when the defendant intentionally and deliberately caused the death of the victim.
Implied malice arises when a defendant engaged in inherently dangerous conduct or showed a reckless disregard for human life and, as a result, another individual died. If an individual premeditated and planned a murder, they have acted with express malice.
In contrast, for example, if they were driving recklessly and caused a car accident that resulted in another individual’s death, they may be charged with murder based on implied malice.
What Is the Difference between First Degree and Second Degree Murder?
First-degree and second-degree murder are different classifications of murder charges that are distinguished by the level of intent and premeditation. First-degree murder is more serious and, in general, means that killing was intentional and planned.
In other words, the defendant had the specific intent to kill or cause serious bodily harm to the other individual and it was premeditated. First-degree murder may also be charged in certain jurisdictions when a murder occurred during the commission of another serious felony, for example:
- Rape;
- Robbery; or
- Kidnapping.
Second-degree murder, in general, is defined as an intentional killing without premeditation. This means that the defendant did have the specific intent to kill another or to cause serious bodily harm but did not plan the murder in advance.
In certain states, second-degree murder may also be charged when a killing resulted from the defendant’s reckless disregard for human life during the commission of a less serious felony. The difference between these two degrees of murder may have significant legal implications for a defendant, as first-degree murder typically carries more severe penalties than second-degree murder.
In some states, a defendant convicted of first-degree murder may face life in prison without the possibility of parole or the death penalty.
Can I Be Accused of Second Degree Murder if I Committed Another Crime and Someone Died?
It may be possible to be charged with second-degree murder if an individual commits another crime and an individual died. In Washington State, an individual can be charged with second-degree murder if they attempted to commit a felony or committed a felony and during the felony, a homicide occurred.
The death has to be an individual other than the ones who participated in the felonious crime. This is referred to as felony murder.
What If I Didn’t Participate in the Felony Crime?
A defendant may still be charged with second-degree murder in Washington State if the death occurred while helping to flee from the crime or furthering the felony.
What Is a Murder Lawyer?
Murder lawyers, also called criminal defense attorneys, are professionals who represent individuals who have been accused of murder or other violent crimes. These lawyers have understanding and knowledge of the criminal justice system and criminal law and they use this knowledge to protect the rights of their clients throughout the legal process.
Murder lawyers represent their clients in court, negotiate plea bargains, and provide legal guidance and advice throughout the client’s case. Murder lawyers also investigate the facts of the case, which includes gathering evidence and interviewing witnesses in order to build a strong defense on behalf of their client.
The goal of murder lawyers is to obtain the best possible outcome for their clients, which may include:
- Getting their charges reduced;
- Negotiating a plea bargain; or
- Fighting the charges in court.
Are There Any Defenses to Felony Murder?
Yes, there may be defenses available to felony murder, including that the defendant:
- Did not commit, command, request, solicit, importune, aid, or cause a homicide to occur;
- Had no reason to believe that any of the participants was armed with a weapon at the time of the crime; and
- Was not armed with a deadly weapon that could cause an injury.
Other commonly raised defenses to murder charges include, but may not be limited to:
- Self-defense: A defendant can argue that they used reasonable force to protect themselves or another individual from imminent harm;
- Insanity: A defendant may be able to argue that they were legally insane at the time the killing occurred and, therefore, the defendant lacked the required mental capacity to form the intent necessary to commit murder;
- Intoxication: A defendant may be able to argue that they were intoxicated at the time of the killing and, therefore, did not have the requisite intent to commit murder;
- Defense of property: A defendant can argue that they killed in defense of their property, such as in cases of a home invasion or theft;
- Mistaken identity: A defendant may be able to argue that they were misidentified as the perpetrator and were not the individual who was actually responsible for the killing;
- Accidental killing: A defendant can argue that the killing was accidental, and therefore they did not have the intent necessary to commit murder; or
- Alibi: A defendant may be able to argue that they were not, in fact, at the scene of the killing and, therefore, could not have committed the offense.
What Is the Penalty for this Crime?
In Washington State, a defendant who is convicted of second-degree murder or felony murder is convicted of a class A felony, and may face:
- Life in prison;
- Criminal fines of up to $50,000; or
- A combination of both.
Do I Need a Lawyer to Help Me?
If you have been charged with second-degree murder or any other criminal offense in Washington State, it is essential to consult with a Washington criminal lawyer for help fighting your criminal charge. As noted above, 2nd degree murder sentences in Washington state may be severe, so it is important to present the best defense possible in your case.
Your lawyer will represent you throughout the process, attempt to negotiate with the prosecution, and work to obtain the best outcome possible in your case.
