First and Second Degree Murder

Criminal Intent - First and Second Degree Murder

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In legal terms, homicide is committed whenever one someone kills another, whether it was accidental, self defense, or otherwise. The term murder is only applicable when an individual intentionally and unlawfully kills other human being. It is a felony, and is punishable to the highest degree. In some states in which capital punishment is legal, the punishment can potentially be death. In 2007, there were over 15,000 reported cases of unjustified and tragic slayings within the United States. 

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Criminal Intent

The law additional divides these crimes into two categories, known as first and second degrees. It is foremost for citizens to understand the differences between these categories, as their causes and consequences are very different.

First Degree Murder

This charge applies in cases where the victim's death was premeditated, meaning that it was planned out beforehand. For example, a man who walks out of a grocery store vexed with the level of service he received is guilty of first degree murder if he then goes home, pawns his watch for a gun, and then figures out the chief offender's schedule before going to the grocery store to shoot the clerk that upset him. Because he intentionally planned out his charge and plan all things out in advance, he can faces charges in the first degree.

This kind of offense can also be committed while the commission of other felony. This is part of the felony murder rule and can make a someone eligible for the harshest legal punishments if he or she killed a someone while felonies like arson, robbery, burglary, kidnapping, or rape. So, if one were to intentionally set other person's house ablaze and someone inside dies as a result, then the fire-starter can be charged in the first degree.

In Wisconsin, this terrible offense is considered to be a Class A felony. It is punishable by life in prison.

Second Degree Murder

This term applies when the death in request was intentional but not premeditated. It is not considered as grave as more thought-out crimes. This legal term also encompasses those forms of bloodshed that succeed from dangerous, reckless behavior on behalf of the killer. An example of second degree murder would be physically assaulting other someone with the intent of seriously injuring him or her, but instead genuinely killing the victim. Another example would be accidentally shooting and killing the someone next to the intended victim.

In Wisconsin, this is considered a Class B felony. It punishable by incarceration by up to 60 years.

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