What is the Difference Between 1st, 2nd, and 3rd Degree Murders?

Most people are familiar with the term murder. But when it comes to different degrees of murders, we often confuse between 1st, 2nd, and 3rd-degree murders.

They vary in several ways; for example, the crime classifications have different consequences. With all these heavy legal details, it can be confusing to establish the degree of murder.

Again, after a person allegedly murders someone, identifying the degree or level of the crime during the prosecution is an important stage. Let’s learn how different degrees of murders differ from one another.

A total of 788 homicide cases were recorded in the latest statistics in Canada. With this alarming number, you need to understand that these murders or crimes have different severities.

We often use homicide and murder interchangeably. But they’re different when it comes to law.

Homicide means when a human kills another unlawfully yet unintentionally. On the other hand, murder refers to killing someone that’s completely planned. Homicide or murder, all these deaths are tragic and have punishments.

But not all murders result in a death sentence. The next section will give you a complete idea of all the murders.

As you’ve learned earlier, the main differences between different degrees of murder are about the intention and planning of the crime. But if you dig deeper, you will find out more contrasting sides.

Here’s a table summarizing the differences between 1st-degree, 2nd-degree, and 3rd-degree murders based on the provided information:

First-degree murder is the most serious homicide crime because it is always premeditated and intentional. Second-degree murder is committed with intent but not with premeditation. Finally, third-degree murder is the most heinous level of criminal homicide, with no intent to kill and no premeditation.

The severity of the punishment corresponds to the severity of the offense. As a result, first-degree murders often receive the harshest punishments, while third-degree killings receive the lightest. Third-degree murders, despite being the lowest category of criminal killing, still entail heavy punishments.

Here, we’ve talked about each degree of murder separately, mentioning the definition, the evidence needed for court, and the minimum punishment allocated.

Let’s begin.

Generally, first-degree murder means the crime is planned. First-degree murders have four more variations, as follows:

1. Pre-planned murders include contracting with someone or some criminal organization to kill.
2. Killing an on-duty police officer.
3. Murder is committed while conducting another crime, for example, kidnapping, hijacking, sexual assault, intimidation, or criminal harassment.
4. Murdering while intimating someone from law enforcement or a journalist reporting the crime.

Murdering a police officer on duty is always a first-degree murder because the officers were there to capture the criminal. And the criminal would try to escape, so they kill the officer somehow.

In contrast, murder in domestic violence is not always first-degree murder. Remember that it will be a first-degree murder only when one does it deliberately.

For the conviction of first-degree murder, the crown will have to prove that one is guilty of planning to kill a person.

So, just a reasonable doubt isn’t going to work. Also, you need to convince that the action of the accused has a crucial role during the killing.

Anyone guilty of a first degree will be imprisoned. It’s mandatory and one of the highest forms of punishment. The offender will be eligible for a parole term after 25 years. And if someone stays on parole, they’ll be under monitoring for the rest of their lives.

If they commit any crime, they risk going behind bars again. On the other hand, if a criminal has several first-degree murder charges, they will have to serve a consecutive jail term for each of the murders. Also, they will be ineligible for seeking parole.

Second-degree murder is the opposite of first-degree murder. If you kill someone unintentionally or unplanned, it’s second-degree murder, a.k.a homicide. For example, a person could kill one during a heated argument!

In second-degree murder, the crown must prove more than explaining a reasonable doubt. The crown will show how the act committed is unlawful, how the criminal act has given rise to a murder, and the accused individual had an intent of killing.

In second-degree murder cases, one will have to pass a mandatory jail sentence. And they can apply for parole after 10 years.

Know that parole eligibility for a second-degree murder offender depends on the decision of the crown, jury, and defence. However, some circumstances make variations in accessing parole.

If an offender has committed a second degree before, by default, they will get a life sentence without parole for a maximum of 25 years.

If the murder occurred in the heat of the moment, it could make an exception sometimes. For instance, one might get a manslaughter charge less severe than second-degree murder. Usually, when a mentally challenged person commits murder, they get a reduced penalty.

If someone intends to harm only but accidentally kills a person, it is known as third-degree murder. It is also called manslaughter.

There are different types of manslaughtering, but all come down to unintentional murder or deaths from criminal negligence. For example, someone has fired a gun without aiming, which unfortunately takes a bystander’s life.

Prosecution of third-degree murder is more difficult than in other cases. The reason is that both the criminal defence lawyer and the Crown lawyer have to prove their claims.

Most importantly, it’s challenging to understand the intention of the offender. Thousands of cases went to trial as murder but were found guilty of manslaughtering.

Read our article to learn about the Difference Between Murder and Manslaughter.

One must spend a minimum of 4 years imprisonment if they commit a third-degree murder. But if there isn’t any firearm involved when the crime happens, there is no minimum punishment for that—the authority will rather decide it.

Now you have a general but clearer idea of different degrees of murders. Still, you will need the help of a lawyer for a solid defence. As you’ve learned about the murders and different degrees, you know how complicated it could be during the trial. A lawyer can help you in this regard as they know the laws and legal loopholes better from their experience.

If you’ve further queries, look at the following question to get more information on different degrees of murder.

Homicide is a broad term for crimes when people take life. It can happen in many ways. Four different classifications of homicide are Capital murder, Murder, Manslaughtering, and Negligent homicide. Reflecting on the type of homicide, a lawyer builds your defence.

First-degree or Level 1 violations are the most serious felony. And first-degree felonies include murder, kidnapping, rape, etc. You will need to serve a lengthy prison term of up to 25 years or more and a huge fine for these crimes.

When someone commits a third-degree murder, they intend to harm but not murder. This type of murder is accidental, whereas 1st murder is intentional or planned. As the penalty is less severe, it’s called 3rd-degree murder or manslaughter.

Killing someone while fighting in a bar is an example of manslaughtering. It can be involuntary manslaughtering. If you kill someone in a fight while self-defending, it will be voluntary manslaughtering.

Generally, people get a minimum of 4 years of prison for manslaughtering. However, that happens only when there is a firearm involved. The judge will determine the jail term if the offender uses no firearm.