What is the difference between first degree and second degree murder?

In California, first degree murder is defined as an intentional killing done with malice aforethought. Malice aforethought implies that the offender deliberately planned to kill the victim ahead of time. First degree murder is heavily punished and may even face the death penalty in some cases. Second degree murder, on the other hand, is defined as an intentional killing done without premeditation. This means that it is a homicide that is committed without plan or warning; it may have been an act of passion or a crime of opportunity. This type of murder is still treated as a serious offense and may be punishable by prison time. The key difference between first and second degree murder is that first degree is premeditated and second degree is not. In many cases, the premeditation involved in first degree murder makes it far more severe than second degree murder. Because of this, first degree murder tends to be punished much more harshly than second degree murder.

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What is the difference between first degree and second degree murder?

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