Degrees of Murder

What is Third Degree Murder?

Third degree murder is when a person kills another person but without the intention of killing that person. If two people are arguing on the street, and one person pushes the other in front of a car by accident causing their death, then they may be charged with this type of murder. Depending on the circumstances, a judge or jury may convict the killer of third degree murder or manslaughter. Not many states in the United States have a third degree charge, but those that do usually define it as the intention to cause harm and not death; but if their actions result in the death of the victim, then that is considered a third degree crime.

Manslaughter is when a person kills another person accidently without the intention of harm or death. First degree murder, also known as premeditated murder, is when someone plans and takes actions to kill another person. Second degree murder is when someone kills someone with the intention of killing them but without any plans. Each state has its own laws on how to charge people with murder and how to sentence them.

Examples

A killing that occurred in the heat of the moment may be considered a third degree crime. If a man and a woman are fighting, and the man picks up a vase and throws it at the woman, causing her injury and later her death, then he may be charged with a third degree crime. By throwing the vase at the woman, it was his intention to harm her, but not kill her. The vase may have hit her in the head, causing her to fall and suffer serious head injuries. Each circumstance is different, and each state will examine the facts before charging the man with murder.

Another example could involve a man shooting another man but with the intention of just scaring or injuring him. It may not be his intention to kill him, but if the victim does die because of injuries sustained, then the shooter may be charged with third degree murder.  As you can see, third degree murder is a bit different than the other degrees of murder.