Getting charged with murder felony is a very crucial situation for any person. There are different methodologies through which the law proceeds with murder cases. Most often the murder charge is categorized into 1st degree or 2nd degree murder. The way the case goes in procession is different, however some common elements are present in most murder cases. It is important to consult legal advisor if you seek complete information on the sort of murder trial the state mostly deals with.
The Classification of 2nd Degree Murder: Understanding Premeditation
What marks a major difference between 1st and 2nd degree murder is the presence of intent in 2nd degree murder. Intentional plan to shape a murder is referred to as premeditation. The victim is targeted by the murderer and the act is committed with the intention to kill. Those who are charged with 2nd degree murders are handed over severe sentences, if proven guilty of the crime.
It is important to understand that murder offense can be categorized 2nd degree even if premeditation is not involved. A malevolence intention to harm and kill someone on desire is also categorize as 2nd degree murder crime.
2nd Degree Murder: Inflicting Physical Damages to Cause Death
The felony of murdering someone is categorized in 2nd degree if the murderer deliberately hurt the victim and physically harms him to an extent that his death becomes inevitable. Consider a scenario where two people are having an argument and things get physical between them. In this situation, if one guy hits the other one on the head with an iron road with immense force, and the person dies of the wounds, a second degree murder charge is placed on the guy. The rationale is that the guy knew that hitting someone hard with an iron road can cause bodily harm and eventual death.
2nd Degree Murder: Not Valuing Human Life in Consequence to Ones Action
The third classification of 2nd degree murder is when someone shows little regard or any cautions in his acts that could bring serious harm to other people lives. This situation is grave if the person acts clearly portrays his disregard for human life and his action causes death of others. For example if a person started celebrate by firing in the air and someone in the nearby building gets shot in the head the person has committed a serious felony and will face 2nd degree murder charges. Another scenario is if someone is speeding just for quick thrills and ends up hitting and killing a person on foot.
2nd Degree Murder: The Act of Felony and Murder
If someone is committing a felony and any person is killed during the course of crime, all the criminals involve will be charged with 2nd degree murder, even if the felony was not planned to hurt or murder anyone.
For example if some robbers attempt to steal from a bank and one of them end up shooting a guard and killing him, then all the robbers involved in the bank break-in would be charged with 2nd degree murder even though only one of them shot the guard.
Matt blogs for Laird Hammons Laird law firm based out of Oklahoma City, OK. They provide members of the local communitty with helpful information about family law and driving law.