Whats the difference between second degree murder and first degree manslaughter?
Second degree murder is a death which results from an assault which is likely to cause death. Second degree murder is distinguished from first degree murder, which is a premeditated, intentional killing or results from a vicious crime such as arson, rape or armed robbery. Second degree murder is not murder committed in the “heat of passion”. The unlawful killing of a human being without the malicious intent or premeditation, either express or implied, required for murder. Manslaughter is a reckless killing or one done in the heat of the moment. There are two categories of manslaughter: voluntary and involuntary. Voluntary manslaughter includes killing in heat of passion or while committing a felony. Involuntary manslaughter occurs when a death is caused during the comission of a non-felony, such as reckless driving (called “vehicular manslaughter”).
