First & Second Degree

1^st degree murder is when the defendant committed an act causing the death of the victim with the intent to kill the victim and the intent to kill was premediated and the killing was done deliberately without being justified or excused.

2^nd degree murder is when the defendant committed an act causing the death of the victim and defendant’s state of mind was one of these states of minds: defendant intended to kill the victim, defendant intended to do great bodily harm, or defendant knowingly created a high risk of death or great bodily harm and knew that death or such harm was likely as a result of their actions.

In addition to what constitutes 1^st degree or 2^nd degree murder, the penalties associated with each are vastly different. 1^st degree murder’s penalty is imprisonment for life without the eligibility of parole. On the other hand, 2^nd degree murder’s penalty is imprisonment for life or any term of years.

If a defendant is convicted of 1^st degree murder they will be spending the rest of their life behind bars, unlike a defendant who is convicted of 2^nd degree murder who may have the opportunity to partition for parole and be released from prison.