What is the difference between first and second degree murder?
In California, first and second degree murder are treated differently under criminal law. First degree murder is the most serious form of homicide and is usually premeditated, meaning it was carried out after careful planning and deliberation. In order to be charged with first degree murder, the perpetrator must have intended to kill their victim and be found guilty of murder in the first degree. Second degree murder, on the other hand, does not require premeditation. This means that it was a murder that was carried out on impulse or in the heat of the moment. Second degree murder is less serious than first degree murder, but it can still result in life in prison if the perpetrator is found guilty. The key difference between first and second degree murder is that the former requires premeditation, while the latter does not. For example, a person who planned to murder someone could be charged with first degree murder, while someone who killed someone in a fit of rage would be charged with second degree murder.
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