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This article goes in depth to explain what murder is, and compares it to manslaughter.

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Murder is a homicide crime defined as the intentional killing of one human being by another with malice aforethought. Malice aforethought is a state of mind, or intent, requirement that makes a homicide a murder. It is this state of mind that differentiates murder from other types of criminal homicide like voluntary and involuntary manslaughter.

Malice Aforethought

Originally, malice aforethought under the law meant that the killing was intentional and premeditated. To constitute murder by being premeditated, a period of time actually had to elapse between the formulation of a plan to commit murder and its being carried out.

Today, most courts have broadened the meaning of malice aforethought to include all situations where the perpetrator can be said to have acted with malice. There are four different states of mind that the courts consider to be evidence of an actor's malice. They include:

1. an intent to kill;

2. an intent to commit grievous bodily injury;

3. a reckless indifference to the value of human life; and

4. the intent to commit certain dangerous felonies, such as armed robbery.

Malice aforethought may not be evidence in all situations of homicide, such as a homicide committed accidentally or in self defense.

Murder vs. Manslaughter

Murder differs from voluntary manslaughter in that the latter's perpetrator had no prior intent to kill the victim, and probably acted in the heat of passion. Murder differs from involuntary manslaughter in that the latter's perpetrator had no intent to kill at all, but acted in a reckless or unreasonable manner. For example, an offender who runs a red light while driving and hits a pedestrian who later dies has acted in a reckless manner and is guilty of involuntary manslaughter.

Murder is graded as a felony and can be a capital crime that can be punishable in many states by the death penalty. For questions about a specific charge of murder, consult a criminal defense attorney.
To read more on this topic go to What are the degrees of murder?
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Murder is a homicide crime defined as the intentional killing of one human being by another with malice aforethought. Malice aforethought is a state of mind, or intent, requirement that makes a homicide a murder. It is this state of mind that differentiates murder from other types of criminal homicide like voluntary and involuntary manslaughter.

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This video explains the different types of murder and how they differentiate.

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Murder, Manslaughter, Homicide, a killing differences explained in less than 5 minutes

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This article defines and explains the components of first degree murder.

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In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or "lying in wait" for the victim. For example, Dan comes home to find his wife in bed with Victor. Three days later, Dan waits behind a tree near Victor's front door. When Victor comes out of his house, Dan shoots and kills him.

Most states also adhere to a legal concept known as the "felony murder rule," under which a person commits first-degree murder if any death (even an accidental one) results from the commission of certain violent felonies, such as:

For example, Dan and Connie rob Victor's liquor store, but as they're fleeing, Victor shoots and kills Dan. Under the felony murder rule, Connie can be charged with first-degree murder for Dan's death even though neither of the robbers actually did the killing.

The Elements of First Degree Murder

State laws categorizing murders into first, second and possibly third degrees generally require that first degree murders include three basic elements

Federal law and some states also require " malice aforethought" as an element. States, however, differ as to how malice must be shown and whether this is a separate requirement from willful, deliberate and premeditated taking of human life. Most states also enumerate certain kinds of killings as first degree murders without need to prove intent, deliberation and premeditation.

Not all states divide murder into degrees. In some places, the top level murder crime is called by another name, such as "capital murder."

Intent

In terms of willfulness, first degree murderers must have the specific intent to end a human life. This intent does not necessarily have to correspond to the actual victim. A murder in which the killer intends to kill but kills the wrong person or a random person would still constitute first degree murder. Furthermore, under many state laws, killing through action showing a depraved indifference to human life can qualify as murder in the first degree.

Deliberation and Premeditation

Whether a killer acted with the deliberation and premeditation required for first degree murder can only be determined on a case by case basis. The need for deliberation and premeditation does not mean that the perpetrator must contemplate at length or plan far ahead of the murder. Time enough to form the conscious intent to kill and then act on it after enough time for a reasonable person to second guess the decision typically suffices. While this can happen very quickly, deliberation and premeditation must occur before, and not at the same time as, the act of killing.

"Malice Aforethought"

Under many state laws, perpetrators of first degree murder must have acted with malice or "malice aforethought." Malice generally includes an evil disposition or purpose and an indifference to human life. States treat the concept of "malice" differently. Under some laws, malice aforethought essentially means the same thing as acting with a premeditated intent to kill or extreme indifference to human life. Other states require a showing of malice distinct from the willfulness, deliberation and premeditation generally required for first degree murder.

Enumerated First Degree Murders

State laws often categorize specific types of killings as first degree. In these cases, the typical elements of specific intent to kill, deliberation and premeditation may not be required. These often include:

the killing of a child by use of unreasonable force;

certain killings committed in a pattern of domestic abuse;

the murder of law a law enforcement officer, and

homicides occurring in the commission of other crimes such as arson, rape, robbery or other violent crimes.

This list merely illustrates some of the enumerated first degree murders. For a complete list, consult specific state laws.

Many states also categorize certain methods of killing as murder in the first degree. These include intentional poisonings, murders resulting from imprisonment or torture and murders in which the killer "laid in wait" for or ambushed the victim.

Getting Legal Help with Your First Degree Murder Case

In the criminal justice system, first degree murder is one of the most serious charges you could face and it comes with the harshest of penalties. That's why it's important to contact an experienced criminal defense attorney as early as possible so you can learn your rights and protections and develop your legal strategy going forward.

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In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or "lying in wait" for the victim. For example, Dan comes home to find his wife in bed with Victor. Three days later, Dan waits behind a tree near Victor's front door.

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This picture explains malice aforethought, a part of first degree murder. (Derbyshire, Stephon. Malice Aforethought. 2015.)

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This article defines and explains how second degree murder works.

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Second-degree murder is ordinarily defined as: 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion"; or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life. Second-degree murder may best be viewed as the middle ground between first degree murder and voluntary manslaughter.

For example, Dan comes home to find his wife in bed with Victor. At a stoplight the next day, Dan sees Victor riding in the passenger seat of a nearby car. Dan pulls out a gun and fires three shots into the car, missing Victor but killing the driver of the car.

Some jurisdictions make a distinction between different situations that constitute murder and prosecute the charges differently. These states usually break the crime of murder into first degree murder and second degree murder.
First vs. Second Degree Murder
The exact definition of second degree murder varies between jurisdictions, but there are a few common elements that second degree murder shares across jurisdictions. The essential elements of second-degree murder differ from those of first degree murder. The criminal act for both crimes is the same: the killing of another person. What separates the two is the perpetrator's mental state at the time of the killing.

First degree murder involves a premeditated killing, meaning the killer made a plan to kill the victim and then carried that plan out. Second degree murder does not require premeditation, however. Instead, there are three typical situations that can constitute second degree murder:

A killing done impulsively without premeditation, but with "malice aforethought"

A killing that results from an act intended to cause serious bodily harm

A killing that results from an act that demonstrates the perpetrators "depraved indifference" to human life

Impulsive Killings with "Malice Aforethought"
These sorts of killings occur in the heat of the moment, and don't involve any premeditation on the part of the killer. At the moment the murder occurs, the killer definitely intends to kill the victim, but up until that moment, the killer had no intent or plan to commit murder.

For example, Adam and Bill are neighbors, and lately they've been having disagreements over the fence between their properties. Adam pays Bill a visit to discuss the matter, but gets angry in the process, pulls out a gun and shoots and kills Bill.

Adam didn't have any plan to kill Bill when he went to Bill's house that day, so there was no premeditation. At the time of the murder, however, Adam fully intended to kill Bill because of his anger over the fence, so there was malice aforethought. Most states that distinguish between degrees of murder would consider that a second degree murder.
Intent to Cause "Serious Bodily Harm"
A second category of acts that constitute second degree murder are acts where the perpetrator intends to cause serious bodily harm with full knowledge that death could result from the act. The killer might not necessarily intend to kill the victim, but knows that death is a likely outcome.

For example, in the situation above, instead of shooting Bill, Adam grabs a shovel and hits Bill in the head with all his strength. While Adam didn't explicitly intend to kill Bill when he hit him, he did intend to hit him with the shovel knowing that such a blow to the head carried with it a distinct possibility of death. Adam killing Bill in this way would be classified as second degree murder.
"Depraved Indifference" to Human Life
The third main type of second degree murder occurs when a victim dies as a result of the perpetrator's depraved indifference to human life. Depraved indifference to human life may be defined differently depending on the jurisdiction, but it generally means that the perpetrator had an utter disregard for the potential damage their actions could cause to other people.

Going back to Adam and Bill, imagine that instead of hitting Bill over the head with a shovel, Adam grabbed his gun and fired into a crowd of onlookers. Adam didn't necessarily mean to kill anyone, but also didn't give any thought to the harm that his actions could cause to people in the crowd. This demonstrates Adam's depraved indifference to human life. If one of Adams bullets struck and killed anyone in the crowd, then Adam has probably committed second degree murder.
Felony Murder
Some states also classify killings that occur during the commission of another felony as second degree murder, although other states characterize these felony murders as murder in the first degree. An individual can be found guilty of felony murder even if he or she didn't actually kill anyone and only intended to commit the original felony.

For example, if Adam and Bill went into a convenience store intending to rob it at gunpoint (which is a felony), and Adam ended up shooting the store owner, a jury could find Bill guilty under the felony murder rule since he was involved in the commission of the original felony when the killing took place. Whether this felony murder would constitute a first or second degree murder, however, depends on the law in the state in which it took place.
Related Resources:
For more information related to this topic, you can click on the links below.
What If You're Facing Charges? You Probably Need a Lawyer
There are a variety of charges that can be brought in a homicide context, depending on what facts the prosecution can prove in your case. Getting an experienced criminal defense attorney involved early in the process is critical to establishing your defense and preserving evidence that may help your case. Get in touch with a criminal defense lawyer near you today for some peace of mind.

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Second-degree murder is ordinarily defined as: 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion"; or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life.

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This picture is used because it displays the defence to murder,  provocation, and catching someone in bed with your wife is a common example of that. (Voluntary Manslaughter.)

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This video explains involuntary manslaughter, provides an example and the punishments that could be adminstered.

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The crime of "Involuntary Manslaughter" - A Former D.A. Explains

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This video explains what homicide is, the two types of manslaughter, and what categorizes the offence into each category.

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This picture shows the two types of involuntary manslaughter. (Alexander, Dwight. Types of Involuntary Manslaughter. 2016. )