First Degree Murder (Murder in the First Degree)
First degree murder is defined as the unlawful killing of another human being, with premeditation (planning) and malice aforethought, by a sane person who does not have a lawful excuse (such as a police officer in the line of duty, or a person acting in self-defense). First degree murder may also be charged when an individual commits a homicide during the commission of a felony, such as during a robbery or as a result of
arson. First degree murder, depending upon the jurisdiction, may be punishable by the death penalty or a lifetime in prison without the possibility of parole.
The Elements of a First Degree Murder Charge
There are four key factors that will come into play in determining whether the killing of another person may constitute murder:
- The unlawful
- killing
- of a human being
- with malice aforethought.
An additional factor that will apply in a first degree murder charge will be:
- Premeditation or a murder perpetrated during the commission of a serious or violent felony offense.
Premeditation is defined as planning or plotting in advance of carrying out an act. Let's look at a potential example of what may constitute premeditation and may therefore be considered first degree murder.
Bob is fired from his job. He blames this on Mark, his boss. Bob goes home and devises a plan to break into the office and kill Mark. He purchases a gun and ammunition and decides that the best time to go is on Saturday morning, when Mark is alone in the office, catching up on paperwork. Bob convinces the weekend janitor to let him into the building early on Saturday morning. He then waits in Mark's office until he arrives. When Mark arrives, Bob announces his presence and shoots Mark, killing him instantly. In this hypothetical scenario, Bob may be charged with murder in the first degree.
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