Navigating the criminal justice system can feel overwhelming, especially if you are facing severe charges like murder or capital murder. However, it is important to know that you are not alone.
When partnering with a specialized attorney, you can better understand the differences between different charges and find an expert ally who will fight your corner on your behalf.
In this guide by Lizzy Bunker, Attorney at Law, we’ll start from the beginning and offer you an in depth overview of two different charges associated with murder, the factors that contribute to them, and what to expect from the legal journey ahead. This knowledge can help you make informed, strategic choices when dealing with such serious legal matters and assist you in finding a lawyer you can trust.
Murder
According to the United States Department of Justice, murder is defined as “the unlawful killing of a human being with malice”. It is carried out by a sane person who has no legal excuse or authority and with intent and prior intention to kill.
There are several degrees of murder, typically first-degree and second-degree, depending on the premeditation and circumstances.
First-degree murder involves premeditation, which occurs when the killing is planned ahead of time. Second-degree murder lacks premeditation but still involves intentional harm or a reckless disregard for life. There’s also third-degree murder, which varies by state and often includes unintentional killings. Typically, it’s less serious than first and second degrees.
The specifics of these types of murder and their punishments can vary between states.
Factors Leading to Murder
Various factors can lead to a murder charge, which makes each case unique. Emotional triggers and other root causes commonly seen in murder charges include jealousy, financial disputes, and revenge, as well as prolonged abuse in a relationship, which can escalate into violent events. Murder may also occur due to substance abuse, which can impair judgment and lead to impulsive acts of violence.
Sometimes, murder charges are related to gang-related and criminal activities. However, murder can also be constituted by neglect. This occurs if, for example, a caretaker fails to provide essential needs and services, resulting in the death of a person.
Capital Murder
Capital murder is a subcategory of murder charges. It occurs when there is a first-degree or aggravated murder that involves specific circumstances. These circumstances may vary, but could include:
- Multiple victims
- Killing a police officer
- Committing murder during another felony like robbery or sexual assault
Capital murders are murders that qualify for the death penalty due to their severity and intentional nature.
The criteria used for defining and prosecuting capital murder vary by state.
Factors Contributing to Capital Murder
Several factors turn a murder into a capital murder, however, these can vary from one state or jurisdiction to another. Usually, these factors include premeditation, or the planning of killing more than one person. Murders that involve a police officer or other protection service member during their duty or torture may also qualify for the capital status.
Murder and Capital Murder: Differences and Similarities
Murder and capital murder share the common ground of unlawful killing. However, they differ in terms of severity, intentionality, and consequences.
Both types of murder require malice aforethought. This means that the murderer had the intention of killing a person or causing harm without excuse or authority. Malice aforethought also distinguishes standard unlawful killing from murder.
The defining element of capital murder is its aggravating factors: the special circumstances we’ve seen above. Additionally, capital murder often involves additional felonies, like torture, rape, or terrorism.
Comparing Punishments: Murder vs. Capital Murder
The punishments for murder and capital murder vary significantly. It is based on the severity of each crime, but it also reflects state and federal laws.
- For murder, punishment often includes long-term imprisonment, which can range from decades or even life without parole. These punishments can vary. For example, according to the District of Columbia law, “the punishment for murder in the first degree shall be not less than 30 years nor more than life imprisonment without release”. However, according to the U.S. Department of Justice, the median time served in state prison was 17.5 years for murder. Usually, after 15 years of imprisonment and depending on the details and state laws, parole could be considered.
- For capital murder, punishments can be the harshest, usually including life without parole or the death penalty. These can also depend on the severity of premeditation, the presence of additional crimes, and how heinous the circumstances surrounding the crime are. States like Texas actively enforce the death penalty, whereas others, including New Mexico, have abolished. However, these states still have stringent life sentences for capital offenses.
Murder and Capital Murder Sentencing Variation
If you or a loved one are charged with murder, it is important to understand sentencing variation. This knowledge can help you understand what’s head, find help, and protect your rights.
While what defines murder and capital murder, as well as punishments, can be dictated by federal law, states also have autonomy in determining penalties and severity of the crime. Generally, many states have sentences that include prison terms with or without parole and death penalty.
US Federal Law Approach
The federal government treats murder and capital murder with strict regulations. These may also involve jurisdictions such as crimes on federal property or against federal officers. For murder, federal law usually leads to life imprisonment or substantial prison terms, like decades, with no parole.
Federal law reserves the death penalty for particularly severe cases, such as terrorism-related murders or acts of espionage that have resulted in the death of several people. The Federal Death Penalty Act outlines these specific cases, what constitutes them, and what kind of punishments they may entail.
New Mexico State Law Approach
As seen above, states retain a certain degree of autonomy when it comes to sentencing murder and capital murder cases. In particular, New Mexico has become the 15th state to abolish the death penalty in 2009. General sentences in this state include:
- For murder, punishments include life imprisonment. Parole eligibility varies on the case specifics.
- For capital murder, punishments include life imprisonment without the possibility of parole.
The Role of a Criminal Defense Attorney
A criminal defense attorney is indispensable when facing murder or capital murder charges. These experts can analyze evidence, identify weaknesses in the prosecution’s case, and advocate for your rights. Their expertise in local and federal laws ensures a robust defense strategy tailored to your specific circumstances.
Simply put, an an experienced murder and capital murder attorney will fight your corner for you, allowing you to navigate the legal journey ahead with greater peace of mind. Call us to schedule a free case evaluation at 505.464.4844 or fill in a form today.
