First-degree murder

Degrees

The most common division is between first- and second-degree murder. Generally, second-degree murder is common law murder, and first-degree is an aggravated form. The aggravating factors of first-degree murder depend on the jurisdiction, but may include a specific intent to kill, premeditation, or deliberation. In some, murders committed by acts such as strangulation, poisoning, or lying in wait are also treated as first-degree murder. A few states in the U.S. further distinguish third-degree murder, but they differ significantly in which kinds of murders they classify as second-degree vis-à-vis third-degree. For example, Minnesota and Pennsylvania define third-degree murder as depraved-heart murder (which in most U.S. jurisdictions is called second-degree), whereas Florida defines third-degree murder as felony murder (except when the underlying felony is specifically listed in the definition of first-degree murder).