There are several variations of murder charges the state can accuse you of. One of them is first-degree murder, and below are its elements.
Death
Murder, in all its various forms, can only be a criminal charge if the victim is dead. If the victim survives, then the suspect will be charged with attempted murder instead.
Willfulness
A suspect can only be charged with first-degree murder if there is proof that they intended to kill. As such, accidental acts that end in fatal injuries don't count as first-degree murder. For example, you can be charged with first-degree murder if you are so angry at a business rival that you intentionally run them over with a car. However, you cannot be charged with first-degree murder if your car's brakes fail and you crash into a business rival, killing them.
In this context, willfulness refers to the intention to commit the murderous act, even if not to the specific victim. For example, if you wanted to run down a business rival with your car, but ends up killing their child instead, you could still be charged with first-degree murder.
In addition, both actions and inactions can end in first-degree murder charges. Consider the example of a retailer who detains a shoplifter and knowingly denies the shoplifter their critical heart medicine. If the shoplifter dies, the retailer can be charged with first-degree murder just as they would be if they shot the shoplifter to death.
Deliberation and Premeditation
This element means that the perpetrator decided to kill the victim before committing the act. This doesn't mean, as some people might think, that the perpetrator had a careful-considered plan to kill their victim. It just means that the perpetrator had at least a few seconds before their murderous thoughts and actions. What matters is that the thought and the act don't occur simultaneously.
Felony Rule
The felony murder rule allows criminal suspects to be charged with first-degree murder if the death occurs during the commission of a felony. The felonies that qualify are those that involve inherently dangerous acts. In such cases, the perpetrators of the crime will be charged with first-degree murder even if the person who dies was not the victim of the crime.
For example, rape, kidnapping, and arson are inherently dangerous acts. Every rapist, kidnapper, and arsonist know that their acts are dangerous and can lead to death. Therefore, if a rape victim dies, the rapist can easily be charged with first-degree murder.
First-degree murder is one of the most serious crimes one can ever face. This is one charge you never want to face alone; consult a criminal attorney if you are facing murder charges.
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