When a homicide occurs, one of the first legal questions is: what kind of murder charge applies? In Washington State, murder is primarily classified into two degrees, first-degree and second-degree, each carrying serious consequences. But the difference between the two often comes down to intent, planning, and circumstances. Here’s what you need to know.

First-Degree Murder

RCW 9A.32.030 is Washington’s primary statute on first-degree murder. Per this law, first-degree murder involves premeditation, which means a killing was planned in advance.

More specifically, a person can be charged with first-degree murder if they either:

  • Premeditated and intentionally caused the death of another person,
  • Caused someone’s death during the commission (or attempted commission) of certain felonies, like robbery, rape, burglary, arson, or kidnapping, or
  • Caused the death of a police officer, judge, or other protected individuals under specific conditions.

An example of first-degree murder is when someone lies in wait and ambushes their victim, having planned the killing days in advance.

First-degree murder is a Class A felony in Washington, punishable by life in prison.

Second-Degree Murder

RCW 9A.32.050 is Washington’s primary statute on second-degree murder. Per this law, second-degree murder covers intentional killings that lack premeditation, or deaths caused during the commission of certain felonies not covered under first-degree murder.

A person can be charged with second-degree murder if they:

  • Intentionally kill someone, but without premeditation, or
  • Cause someone’s death in the course of committing or attempting a felony not listed under first-degree murder (like assault or a non-violent felony).

An example of second-degree murder is when , during a spontaneous bar fight, one person strikes another with fatal force. If the intent to kill was present, but it wasn’t planned, this could qualify as second-degree murder.

Like first-degree murder, second-degree murder is also a Class A felony and can result in a lengthy prison sentence, including up to life imprisonment, but generally with a lower sentencing range than first-degree murder.

Why the Distinction Matters

The difference between first- and second- degree murder often comes down to evidence of planning or intent. Prosecutors look closely at:

  • Whether the act was impulsive or deliberate,
  • The circumstances leading to the death, and
  • The type of felony involved (in felony murder cases).

Defense attorneys may argue that there was no premeditation or that the accused lacked intent, aiming to reduce a first-degree charge to second-degree—or even to manslaughter.

Contact Black & Askerov for Help

While a defendant can raise a legal defense to challenge a murder charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on criminal charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!