Murder, as defined in common law countries, is the unlawful killing of another human being with intent (or malice aforethought), and generally this state of mind distinguishes murder from other forms of unlawful homicide (such as manslaughter). As the loss of a human being inflicts an enormous amount of grief for individuals close to the victim, as well as the fact that the commission of a murder permanently deprives the victim of their existence, most societies have considered it a very serious crime warranting the harshest punishments available. A person who commits murder is called a murderer, and the penalties, as outlined below, vary from state to state.
Any term of years or life imprisonment without parole
(There is no federal parole, U.S. sentencing guidelines offense level 38: 235–293 months with a clean record, 360 months–life with serious past offenses)
Second Degree Murder by an inmate, even escaped, serving a life sentence
Life imprisonment without parole
First Degree Murder
Death (aggravating circumstances) or life imprisonment without parole (Juveniles can not be given life imprisonment without parole, so they can be sentenced to any term of years.)
Any term of years, but no more than 40 years (unless there are aggravating circumstances; only an option if defendant was a juvenile), or life without parole
First Degree Murder
30–60 years (sentence can exceed 60 years if there are aggravating circumstances; only an option if defendant was a juvenile) or life without parole
Murder of a law enforcement officer
Life without parole (if the defendant was a juvenile, a judge sets a term of 60 years)
99 years without parole (can apply for a one-time reduction after 49.5 years; for juveniles, a judge can sentence them to 99 years and the governor can parole them)
Not less than 1 year nor more than 3.75 years (first violent felony offense)
Manslaughter
Not less than 7 years nor more than 21 years (first violent felony offense)
Second Degree Murder
Not less than 10 years nor more than 25 years (first violent felony offense)
Felony First Degree Murder
Death (aggravating circumstances), natural life imprisonment, or 25 years to life (only an option if the defendant was under 18)
Premeditated First Degree Murder
Death (aggravating circumstances), natural life imprisonment, or 25 years to life (only an option if the murder occurred before August 2, 2012, or the defendant was under 18)
Excluding murder, all offenses below are eligible for probation terms. If probation is given, the maximum confinement sentence is up to a year in jail with up to five years of probation. If probation is denied, the following prison terms are used:
Offense
Mandatory Sentencing
Any felony criminal homicide
Maximum $10,000 fine (not including fees/court costs and penalty assessments)
Loss of gun rights
For involuntary manslaughter with a firearm or voluntary manslaughter or murder, a strike under California Three Strikes Law
Penalty Enhancements like the 10-20-life law or gang-related enhancement.
Victim restitution
Can't get probation for murder
Vehicular Manslaughter (Standard Negligence)
Up to 1 year in county jail
Vehicular Manslaughter (Gross Negligence)
Up to 1 year in county jail as a misdemeanor. 2, 4, or 6 years in state prison as a felony.
Vehicular Manslaughter for Financial Gain
4, 6, or 10 years in state prison
Involuntary Manslaughter
2, 3, or 4 years (a strike under California Three Strikes Law if a firearm was used)
Voluntary Manslaughter
3, 6, or 11 years
Second Degree Murder
15 years to life (either 15 years to life or life without parole if the defendant served a prior murder conviction under Penal Code 190.05)
Second Degree Murder of a Peace Officer
25 years to life (only an option if the defendant was under 18)
(Life without parole if any of the following are true:
The defendant's intention was to kill, OR
Intention was to cause great bodily injury, OR
A deadly weapon was used to kill.
If the defendant was a juvenile, they are given a sentence under California’s three-strikes law)
Second Degree Murder by shooting from a motor vehicle with intent to cause great bodily injury (intent to cause death is prosecuted as 1st Degree Murder)
20 years to life
First Degree Murder
25 years to life
Assault Causing the Death of A Child Under 8 Years of Age (Penal Code 273ab(a))
25 years to life
First Degree Murder constituting a hate crime or of an operator or driver
Life without parole (eligible for parole after 25 years if the defendant was under 18)
First Degree Murder with special circumstances
Death or life without parole (eligible for parole after 25 years if the defendant was under 18)
9 1/4 to 15 years in prison (if downward departure is not granted)
Maximum of 30 years in prison if:
-the offender used a deadly weapon or firearm
-the victim was a vulnerable person under the care of the offender (a child under 18, elderly person, or disabled adult)
-the victim was an on duty police officer or a first responder
-the offense was committed during a hit and run
Maximum of life without parole if: (eligible for parole after 25 years if the defendant was under 18)
the victim was a vulnerable person, under the care of the offender, (a child under 18, elderly person, or disabled adult) an on duty police officer or first responder AND the offender used a deadly weapon or firearm
Third Degree Murder
10 1/3 to 15 years in prison (if downward departure is not granted)
however the maximum enhanced to 30 years in prison if the offense had the intent to facilitate or further terrorism or the offender is a repeat offender.
Second Degree Murder
Minimum of 16 years in prison if downward departure is not granted
Mandatory minimum of 25 years if firearm was used
Maximum of life in prison without parole (eligible for parole after 25 years if the defendant was under 18)
First Degree Murder
Death or Life without parole
if under 18, the offender must be sentenced to a term of not less than 40 years and up to life although with a review after 25 years form the Florida Commission on Offender Review
Life imprisonment with the possibility of parole. There is enhanced sentencing for repeat offenders (HRS 706-606.5).
First Degree Murder
Life imprisonment without the possibility of parole, with possible commuting of sentence by the governor to life imprisonment with parole at the end of twenty years of imprisonment. (For juveniles, they are eligible for parole) (HRS §706-656) There is enhanced sentencing for repeat offenders. (HRS 706-606.5)
Life (eligible for parole after 15 years, eligible after 10 years for offenses committed before October 1, 1992) or any number of years [23]
First Degree Murder
Life without parole for adults. For juveniles, if mitigating factors exist the judge may set a minimum term of between 25 and 40 years before parole eligibility with a maximum term of at least 60 years and the same goes with aggravating factors.[24] Note that there is a bill removing Juvenile life without parole and shortening the minimum term of 25–40 years to 10 years and keeping the maximum of 60 years.[25]
Maximum of 10 years in prison (5 years for clean record)
First Degree Manslaughter
Maximum of 15 years in prison (7–10 years for clean records)
Third Degree Murder
Maximum of 25 years in prison (12.5 years for clean record)
Second Degree Murder
Maximum of 40 years in prison (If a person had a clean record, 12.5 years but if intentional, 25.5 years)
First Degree Murder
Life (minimum of 30 years; 17 years if the crime committed before August 1, 1989)
First Degree Murder if the murder was premeditated or involved rape, kidnapping, or terrorism, if the victim was a law enforcement or prison officer, or if the defendant has one or more previous convictions for a "heinous crime"
Life without parole (30 years must be served before eligible for parole if the defendant was under 18; 17 years must be served before eligible for parole if the defendant was under 18 and the crime committed before August 1, 1989)
Life (eligible for conditional release at age 65 and having served at least 15 years) or 20 to 40 years
First Degree Murder
Life (eligible for conditional release at age 65 and having served at least 15 years)
Capital Murder
Death, life without parole, or life (defendants under 18 sentenced to life in prison can be given the possibility of parole, but this is not mandatory)
Death (aggravating circumstances), life without parole, life (minimum of 30 years), or 10–100 years (only the two options if the defendant was under 18; if sentenced to 100 years, the defendant who was under 18 will be eligible for parole)
Minimum of 20 years and maximum of life without parole (eligible for parole if the defendant was under 18)
First Degree Murder
Death (aggravating circumstances), life without parole (reviewed by Nebraska state parole board), or 40 years to life (only an option if the defendant was under 18)
Under Assembly Bill 267, juveniles must have parole eligibility begin after 20 years if only one death occurred. Nevada does not have guidelines on when to offer parole if more than one person was killed. But, the judge would apply the same as if it was just one victim.
Offense
Mandatory Sentencing
Second Degree Murder
Life (minimum of 10 years) or 25 years with parole eligibility after 10 years
First Degree Murder
Death (aggravating circumstances), life without parole, life (minimum of 20 years), or 50 years with parole eligibility after 20 years (juveniles cannot be sentenced to life without parole even there was more than one death, in which the guidelines apply the same.)
Imprisonment for a term of not less than 3 1/2 years and not more than 7 years
Causing or Aiding Suicide
For causing a suicide or suicide attempt, imprisonment for a term of up to seven years in prison. For aiding or assisting in a suicide or suicide attempt without causing the suicide or attempt, up to one year in jail.[28][29]
Manslaughter
Imprisonment for a term of not more than 30 years
Second Degree Murder
Life with parole or any number of years
First Degree Murder
Life without parole or life with parole (only an option if the defendant was under 18)
Capital Murder
Life without parole or life with parole (only an option if the defendant was under 18)
Ohio differentiates between "Aggravated Murder (First-Degree Murder)" and "Murder (Second-Degree Murder)." Aggravated Murder consists of purposely causing the death of another (or unlawful termination of a pregnancy) with prior calculation and design, or purposely causing the death of another under the age of 13, a law enforcement officer, or in the course of committing certain serious felony offenses. Murder consists of purposely causing the death of another, or causing the death of another as a proximate result of committing certain serious felony offenses.
Parole Eligibility for Defendants Under 18 (SB 256)
Offense
Maximum Parole Eligibility
One or more homicide offenses
25 years
Two or more homicide offenses if the defendant was the principal offender for at least two of them
30 years
Aggravated homicide (considered the purposeful killing of three or more people when the defendant is the principal offender in each offense), or murder (second-degree murder) or aggravated murder (first-degree murder) involving terrorism
30 years
Offense
Mandatory Sentencing
Involuntary Manslaughter
4.5 to 16.5 years (3 to 11 years if crime committed before 2021, 3 to 10 years if crime committed before 2019) (if underlying offense is a felony) 9 months to 3 years (if underlying offense is a misdemeanor)
Voluntary Manslaughter
4.5 to 16.5 years (3 to 11 years if crime committed before 2021, 3 to 10 years if crime committed before 2019)
Murder (Second-Degree Murder)
Life with parole eligibility after 15 years
Murder (Second-Degree Murder) (victim under 13 years old and committed with a sexual motivation)
Life with parole eligibility after 30 years
Murder (Second-Degree Murder) (committed with a sexual motivation and the defendant has a sexually violent predator specification, or involving terrorism)
Life without parole (eligible for parole after 30 years if the defendant was under 18)
Aggravated Murder (First-Degree Murder)
Life without parole or life with parole eligibility after 20, 25, or 30 years (if victim was under 13 years old and the murder was committed with a sexual motivation, the minimum sentence is life with parole eligibility after 30 years)
Aggravated Murder (First-Degree Murder) (with capital specification for certain aggravating factors such as special victims, murder-for-hire, multiple victims, witness as victim, committed in the course of another serious felony offense)
Death, life without parole, life with parole eligibility after 25 or 30 years (if victim was under 13 years old and the murder was committed with a sexual motivation, the minimum sentence is life with parole eligibility after 30 years)
Aggravated Murder (First-Degree Murder) (involving terrorism or committed with a sexual motivation and the defendant has a sexually violent predator specification)
Death or life without parole (eligible for parole after 30 years if the defendant was under 18)
Death (aggravating circumstances), life without parole, or life with parole eligibility after 38 years (a portion of the sentence can be suspended at the judge's discretion)
(life with and without parole are eligible for reduction after 38 years)[30]
Maximum of 40 years in prison (parole eligibility cannot exceed more than half the maximum sentence)
Second Degree Murder if the defendant was under 15
Life (eligible for parole after no less than 20 years)
Second Degree Murder if the defendant was 15-17
Life (eligible for parole after no less than 30 years)
Second Degree Murder
Life without parole (eligible for commutation by governor provided there is a unanimous recommendation by the Board of Pardons)
First Degree Murder if the defendant was under 15
Life (eligible for parole after no less than 25 years)
First Degree Murder if the defendant was under 15-17
Life (eligible for parole after no less than 35 years)
First Degree Murder
Death (aggravating circumstances) or life without parole (eligible for commutation by governor provided there is a unanimous recommendation by the Board of Pardons)
Life (parole eligibility after 25 years; 20 years if crime was committed before July 1, 2015) or no less than 10 years (eligible for parole after serving half the sentence)
First Degree Murder
Life without parole or life (parole eligibility after 25 years; 20 years if crime was committed before July 1, 2015)
Between 20 years and life imprisonment (parole eligibility for life sentence if crime committed before January 1, 1995: 15 years or 20 years if sentenced to more than 1 life sentence, 25 years if the victim was under the age of 8) (Prisoners are eligible for geriatric parole when they turn 60)
Aggravated Murder
Life without parole (ineligible for geriatric parole, if the defendant was under 18, they can get parole) (Judge can use discretion to suspend portion of life sentence unless the victim was a police officer)
