What Is Third-Degree Murder

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What Is Third-Degree Murder?

By: Brad Nakase, Attorney

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Third-degree murder is the name of the legal change for unintentionally causing someone to die while doing something dangerous. It is a lesser charge to first or second-degree murder where the intention was to kill somebody.

Minnesota, Pennsylvania, and Florida are the only states that have a law for third-degree murder; others would use manslaughter or second-degree murder instead. Third-degree murder is defined differently in each of these states.

Third-Degree Murder: How Is It Different to Other Murder Charges?

In order to explain the difference between each of the murder charges, we will give a short summary of how each is defined. Please note that the definition of each varies from state to state, so if you are seeking practical advice about third-degree murder charges, look at the laws of your state or contact a criminal defense lawyer.

What Is First-Degree Murder?

First-degree murder is an intentional murder that is premeditated. The defendant planned out the death of somebody else and carried it out.

In some states, felony murder is charged the same as first-degree murder; in others, it is second-degree murder. Felony murder is when somebody dies, even accidentally, while the defendant committed a felony.

What Is Second-Degree Murder?

Second-degree murder is an intentional murder that was not premeditated. In popular media, it may be referred to as a “crime of passion.” The murder happened in the heat of the moment, but in the moment the defendant intended to kill the victim.

In some states, accidental deaths that were caused by dangerous actions can be charged as second-degree murder. These are deaths caused by actions that the defendant should reasonably know could result in death or serious injury.

What Is Third-Degree Murder?

Third-degree murder is unintentional murder that resulted from malicious actions. The defendant must have known that their actions could cause death or serious injury, but did not intend to cause someone’s death or serious injury.

Third-Degree Murder vs Manslaughter

Manslaughter is a much less serious crime than murder. Generally, manslaughter is defined as a death caused by negligent or reckless actions. Someone would be charged with manslaughter if there was no malice to their actions, but the death would have been avoided if they acted in an appropriate manner.

States handle manslaughter charges differently. Some will break manslaughter down into different degrees; others will just have voluntary and involuntary manslaughter.

It is difficult to give a definitive comparison between third-degree murder and manslaughter, as the definition varies between states, but we will try our best to offer a general comparison. Most third-degree murder charges need to prove that the defendant acted with malice, a depraved mind, or a wanton disregard for life. That is to say, in a third-degree murder charge, the defendant should have known that their actions were dangerous, but they acted that way anyway. A manslaughter charge is where the inappropriate actions of the defendant caused an unintentional death or if they took a chance knowing that they may risk someone’s death.

If the state breaks manslaughter down into degrees, a first-degree manslaughter charge is usually for an intentional, heat of the moment death that resulted from strong provocation. It differs from third-degree murder because of the provocation, but the law allows a lesser charge because a reasonable person might have lost their temper in a similar situation.

Involuntary manslaughter is the charge for something like a DUI. It is where the death was accidental but caused by reckless behavior.

Legal Defenses For a Defendant Charged With Third-Degree Murder

When a defendant is charged with third-degree murder, they may use one of the following legal defenses:

Not guilty – proving that it wasn’t them.
Self-defense – proving that the death occurred while they were protecting themselves from serious harm
Defense of others – proving that the death occurred while they were protecting others from immediate harm
Insanity – proving that they were not in control of their actions and were not able to think through their actions
Exercise of duty – proving that their actions were a course of duty and the death was not a result of negligence, recklessness, or illegal intent

If you are facing third-degree murder charges, contact a criminal defense lawyer. They will explain third-degree murder charges in your state and the defenses available to you. Third-degree murder charges carry serious penalties and can have lifelong consequences.

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