What is murder?
Many people think murder is any killing of another person. Under the law, though, murder must be:
- An intentional killing
- Premeditated - there must be a prior intention to kill a particular person
- Premeditation is also found when death results because the killer is extremely reckless, such as driving 100 miles an hour down a residential street
Gradations of Murder (vary by state) - First Degree Murder - generally, a killing which is deliberate and premeditated or in conjunction with a felony
- Many states consider the killing a First Degree Murder where:
- There is movement of the victim (kidnapping)
- There is a death of a police officer
- The killing has taken place during an inherently dangerous felony (Felony Murder)
- Torture has taken place
- Second Degree Murder - a non-premeditated killing resulting from an assault where death was a distinct possibility
- Second Degree Murder can be found where there was:
- Heat of passion
- A sudden fight or quarrel
What Can You Do if Accused of Murder?
It is important to note that different states have different systems of gradation each with its own subtleties. Immediately consult a criminal defense lawyer familiar with your particular state's criminal laws regarding your rights and defenses. What Can You Do if Someone You Know or a Loved One Has Been Murdered?
Contact the police immediately. If there is sufficient evidence, the police will forward the case to the District Attorney's office to prosecute the suspect who murdered the person. If you are interested in bringing a civil suit against the person, learn more at Wrongful Death. |
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