What is the difference between first and second degree murder?

In South Carolina, first degree murder and second degree murder are two types of criminal homicide. The difference between the two is that first degree murder involves premeditation and intent to kill, whereas second degree murder is an intentional, unlawful killing without premeditation. First degree murder is the most serious type of murder and involves a killing in which the perpetrator planned ahead of time or had a clear intent to kill the victim. To prove first degree murder in South Carolina, the prosecution must show that the defendant had premeditation and intent to kill. This usually involves evidence that the defendant planned and thought out the killing, as well as acted with malice and forethought. Second degree murder is an intentional killing without premeditation or planning ahead of time. This includes cases where the defendant kills another person in the heat of the moment with no plan to do so. The prosecution must prove that the defendant acted with intent to kill and was aware of the consequences that would occur as a result of their actions. Both first and second degree murder are serious and punishable offenses in South Carolina. Depending on the circumstances of the case, first degree murder can result in a life sentence without the possibility of parole. Second degree murder can result in a sentence of 10 to 30 years in prison. In either case, it is important for defendants to seek skilled legal representation if they are charged with either type of homicide.

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What is the difference between first and second degree murder?

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