What is the difference between first and second degree murder?

In New Jersey, first and second degree murder are two distinct crimes. First degree murder is the most serious form of homicide. It is the intentional killing of another person with premeditation and deliberation. This means that the person must have planned in advance to commit the act of murder. In New Jersey, first degree murder is punishable by a minimum of 30 years of imprisonment, with a maximum of life imprisonment or death penalty. Second degree murder involves killing someone without premeditation or deliberation. It typically occurs in the "heat of passion," such as when someone kills out of rage or revenge in the moment. Second degree murder is punishable by a minimum of 10 to 30 years in prison and a maximum of life imprisonment. In addition to the differences in the punishment, first and second degree murder also differ in the type of intent required to prove guilt. For first degree murder, prosecutors must prove that the accused had the intent to kill; for second degree murder, they must prove that the accused had the intent to cause serious bodily harm. In both cases, the intent is a critical factor in determining guilt.

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What is the difference between first and second degree murder?

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