Most states recognize 4 types of murder. These
four life-threatening states of mind are commonly
referred to as "malice aforethought," and
any of the four will be sufficient basis for charges
of second degree murder.
Intent to Kill
Intent to kill murder means that you intended to
kill someone else. Intent to kill will qualify you
for second degree. However, if you have the intent
to kill, plus have thought about it in advance
(premeditation), and did it anyway after considering
the thought (deliberation), most likely the crime
will be elevated to murder in the first degree. To
meet the requirements of first-degree murder, a
minimum amount of time must elapse from the idea to
the actual murder, so that the defendant knows that
he/she will kill the victim. This amount of time
varies for each jurisdiction.
On the other hand, a person reacting to
overwhelming emotion or on sudden impulse may kill
another, and not be guilty of murder at all. Rather,
it is probably second-degree murder, which is intent
to kill murder without premeditation and
deliberation. Such an act may be reduced to
voluntary manslaughter if the person acted rashly,
and if a jury decides that there was reasonable
provocation under the circumstances.
Intent to Cause Serious Bodily Harm
This is an unintentional killing that is a result of
the wrongdoer hurting the victim. The accused need
not intend to kill the person, but should intend to
cause serious bodily harm. Here the defendant’s
malice is imputed from the harm or suffering the
defendant intends. However, this type of murder can
only be in the second-degree murder.
Depraved Heart
Murder with a “depraved heart,” also known as
“malignant heart murder,” is another form of
unintentional killing where, again, the defendant is
not being punished for intent to kill, but rather
for extremely indifferent or wanton conduct. It is
this indifference that establishes the killer’s
malice. This type of murder can also only be in the
second degree. An example of malignant heart murder
would be shooting a firearm into a crowd of people
while trying to open a can of soda.
Felony Murder
Another type of unintentional killing, felony murder
is accomplished when someone is killed while the
defendant is committing another felony. Felony
murder, like intent to kill murder, can be both
first or second degree. State statutes spell out
what types of felonies will make the crime a
first-degree murder. These felonies usually include
the more serious crimes such as burglary, arson,
rape, robbery, and kidnapping.
