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

Premeditated murder and murder in the heat of passion are two distinct forms of homicide, as defined by California Violent Crimes law. Premeditated murder is the intentional, deliberate, and planned killing of another person. In California, premeditated murder is classified as first-degree murder and is the most serious form of homicide. To be found guilty of premeditated murder, prosecutors must prove that the defendant intended to kill the victim, that they acted with a "cool mind," and that they had enough time to reflect on their decision to kill. Murder in the heat of passion, however, is when someone is killed in a moment of intense anger or fear and without prior planning. This type of killing is classified as second-degree murder in California and is less serious than premeditated murder. To be found guilty of murder in the heat of passion, prosecutors must prove that the defendant acted out of an intense emotion that they could not control. The most significant difference between premeditated and murder in the heat of passion is the level of planning and intent involved. Premeditated murder requires an individual to plan and purpose an attack or to carry out a killing in a cold and calculating manner. The victim of murder in the heat of passion, however, is usually killed in an uncontrollable fit of emotion and without prior planning.

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

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