If first-degree murder is the taking of a life with premeditation, and third-degree murder usually means killing another person through carelessness or indifference, second-degree murder falls right between the two. Second-degree murder is malicious and involves the intent to kill, like first-degree murder, but it is not premeditated. State of mind is the main difference between first- and second-degree murder. It is often described as a crime committed “in the heat of the moment.”

Second-degree murder is not premeditated, but it is committed with malice aforethought. The act was intended to cause serious bodily harm, and it did. Its circumstances clearly show that the killer had a “depraved indifference to human life.” The charge is used for drive-by killings and in situations where a person is killed during the commission of a serious crime.

The maximum sentence for second-degree murder is 40 years. For this reason, you need to hire the most experienced, most persuasive lawyer you can.