Second-Degree Murder Charges Deal with the Mental State

In the previous blog post, we discussed the inmate who was charged with second-degree murder after his cellmate died after being found injured in their cell. For people like that man who are facing second-degree murder charges, as well their loved ones, knowing some basic points about this charge might help them to better understand what the case is all about.

Unlike first-degree murder, second-degree murder doesn't involve premeditation. Instead, it is a murder that was committed by the alleged killer's lack of concern for human life. This isn't a type of murder that is considered to be one that was committed in the heat of passion. Instead, it is a murder that is the result of dangerous conduct.

Second-degree murder can be possible in an instance that involves injuries so severe that the person dies. It can also occur if someone impulsively kills someone if malice was a forethought. It is also possible if a person does something that is considered to have been done without any concern for the life of the people around them.

As you can see, the mental state of the defendant at the time of the killing comes into the picture when you are dealing with a second-degree murder charge. This can be an important component in a defense, so it is necessary to explore it as part of a defense strategy.

If you or a loved one is facing a second-degree murder charge, making sure that all possible defense points are explored is necessary. Missing out on any possible defense aspects can work against the case.

Source: FindLaw, "Second Degree Murder Overview," accessed Aug. 25, 2016

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