Second-degree Murder Laws
Saturday by: Doreen
Murder is the unlawful killing of a person or fetus with malice planned beforehand. Murder is classified either as first- or second-degree. In order to be classified as murder, the victim must die within a year of the crime causing his or her death. The definition of murder is found in Penal Code Section 187.
Second-degree murder is similar to first-degree murder except that premeditation does not have to be proven. All that is necessary is the awareness on the part of the defendant that his or her conduct is dangerous to human life. Second-degree murder is such a killing without premeditation, as murder committed in the heat of passion or in a sudden fight or dispute.
Malice in second-degree murder may be determined by a death due to the reckless lack of concern for the lives of others, such as firing a loaded gun into a crowd or bashing someone with a deadly weapon. Under California law, the punishment for second-degree murder is lifetime imprisonment without the possibility of parole.
Depending on various circumstances and state laws, murder in the first- or second-degree may be charged to a person who did not actually kill the victim but was involved in the killing of the victim by proxy, though someone else did the killing. For example, in a liquor store robbery where the clerk shoots back at the thief and kills an innocent bystander, the armed robber can be held responsible for at least second-degree murder.
Another example of second-degree murder is if a person kills while committing a felony that is intrinsically dangerous to human life (other than arson, burglary, etc.); the person will be found guilty of committing second-degree murder. For example, if the defendant supplies heroin to someone who uses it and subsequently dies of an overdose, the defendant may be charged with murder in the second-degree. Under the law, it is dictated that, if the defendant had the specific intention to supply the heroin, he or she had enough malice to be charged with murder.
Death of an unborn child who is moving can be murder, provided there was premeditation, malice, and no legal authority. Thusly, abortion is not considered as murder under the law. For example, someone who shoots a pregnant woman, resulting in the death of the unborn child, would be charged with second-degree murder.
If you or a loved one was charged with second-degree murder, please contact Rizio & Nelson’s experienced defense attorneys immediately.
