In its broadest definition the legal term of murder involves the taking of the life of another person with intent and malice. Murder does not occur by accident, rather there is some degree of forethought and planning, plus there is the important aspect of malice or intent that has to be present. First degree murder includes premeditation and deliberate actions while second degree murder includes malice and intentional action but not necessarily premeditation. Shooting into a crowded room would be second degree murder while shooting a specific person would be first degree.
Murder Penalties
As can be imagined, murder, especially with enhanced or special situations, is considered to be the most serious crime. In most cases sentencing is very harsh, regardless of the individual's prior history of convictions. Murder of a federal official or peace officer, an unborn child or a child under a specific age as well as murder for pay will typically carry the most significant penalties.
Possible Penalties for Murder
- Jail time with life sentences with parole
- Jail time with life sentences without parole
- Capital crimes resulting in the possibility of the death sentence
Murder Sentencing
Murder sentencing is typically done by jury in most cases, unless for some reason the defendant waived their right to a jury trial. It is important for the defendant to have quality legal representation since, in states that allow it, the death penalty or sentence is a distinct possibility in most first degree murder charges. Even in second degree charges there is the possibility of life without parole, regardless of the record of the individual prior to these charges.
Can A Lawyer Help With Murder Charges?
If there are any circumstances that may influence the court to consider a less charge, a criminal defense attorney is important. Often situations such as self-defense or prior harassment or abuse between the victim and the offender can result in mitigating circumstances that may reduce the charges or even allow the case to be dismissed in some situations. Since an attorney can also help with appeals, even in a guilty verdict, working with legal representation is essential in these very serious cases.
