What is the difference between first and second degree murder?
In New York, first degree murder and second degree murder are both classified as violent crimes. However, they have distinct differences which set them apart. First degree murder is the most serious form of murder. It is premeditated and intentional killing. If it results from an act that is intended to cause serious physical injury or harm, that is also considered first degree murder. To be convicted of first degree murder, the prosecution must prove intent to kill. If found guilty, a person can be sentenced to life in prison or the death penalty. In contrast, second degree murder is a general term used to describe any homicide that is not premeditated or intentional. It can also include any murder committed during the commission of a felony, such as burglary or arson. To be convicted of second degree murder, the prosecution must prove that the suspect acted with “depraved indifference” or “extreme recklessness”. If found guilty, a person can be sentenced to anywhere from fifteen years to life in prison. In conclusion, the difference between first and second degree murder lies in the degree of intent: first degree murder is premeditated and intentional, while second degree murder involves an act of recklessness or indifference. While both violent crimes are serious, first degree murder is generally considered the more severe crime with much higher penalties.
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