What is the difference between premeditated murder and murder in the heat of passion?

The difference between premeditated murder and murder in the heat of passion is rooted in intent. Premeditated murder is a type of first-degree murder, which is the most serious type of homicide charge. It requires that the accused willfully, deliberately, and with premeditation unlawfully killed another human being. This means that prior to committing the act, the accused planned and pondered the consequences of the fatal act. Murder in the heat of passion, on the other hand, is a type of second-degree murder. To constitute this type of murder, the accused must have acted under extreme emotional duress and claimed to have acted out of passion rather than premeditation. The accused must have killed another human being without deliberation or premeditation, and without taking the time to reflect on the consequences of the fatal act. In California, premeditation and deliberation are key elements of first-degree murder and make a killing punishable by life in prison or the death penalty. Murder in the heat of passion, on the other hand, is punishable by 15 years in prison.

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What is the difference between premeditated murder and murder in the heat of passion?

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