What is the difference between first and second degree murder?
In Indiana, first degree murder is defined as the killing of someone without legal justification, with malice aforethought, and with premeditation and intent to kill. Malice aforethought means that the suspects acted with a wanton disregard for human life prior to the crime. Premeditation and intent to kill means that the suspects planned to kill the victim in advance. Second degree murder, by contrast, is defined as the illegal killing of someone without premeditation or malice aforethought. Many second degree murder charges are the result of a crime of passion or a heat of the moment decision, often involving an altercation or a fight that resulted in the death of the victim. The difference between first and second degree murder lies in the premeditation and intent associated with the crime. First degree murder involves more planning and intent than second degree murder, and anyone who is charged with the offense can face more serious consequences. For instance, in Indiana, first degree murder can be punished by life imprisonment or even the death penalty, while a conviction of second degree murder can carry a prison sentence of up to 65 years.
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