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 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 without parole
First degree murder
Death (aggravating circumstances), life without parole, or any term of years (only an option if the defendant was a juvenile)
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)
Death (aggravating circumstances), natural life imprisonment, or life (minimum of 25 years; 35 years if the victim was under the age of 15)
Premeditated first degree murder
Death (aggravating circumstances), natural life imprisonment, or life (minimum of 25 years; 35 years if the victim was under the age of 15; only an option if the defendant was a juvenile)
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 a juvenile)
(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 First 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
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 a juvenile)
First degree murder with special circumstances
Death or life without parole (eligible for parole after 25 years if the defendant was a juvenile)
91⁄4–15 years (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 (eligible for review of sentence after 25 years if the defendant was a juvenile) if the victim was:
a vulnerable person,
under the care of the offender (a child under 18, elderly person, or disabled adult)
or an on duty police officer or first responder
AND the offender used a deadly weapon or firearm
Third degree murder
101⁄3–15 years (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 from 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)
Certain factors increase the maximum to 30 years (up to 4 years are probational)
First degree murder
20–60 years (eligible for parole if the defendant was under 21), 45 years to life (if firearm used), up to life without parole under certain aggravating circumstances (eligible for parole after 40 years if the defendant was under 21)
Maximum of 40 years in prison (minimum of 10 years if the victim was a child under 10; eligible for parole after 25 years if the defendant was a juvenile)
Second degree murder
Life without parole (eligible for parole after 25 years if the defendant was a juvenile)
First degree murder
Death, life without parole, or life (minimum of 25 years; only an option if the defendant was a juvenile)
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; 15 years if the defendant was a juvenile)
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 (eligible for parole after 15 years if the defendant was a juvenile)
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; sentence can be halved for good behavior)
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 case the same guidelines apply.)
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.[25][26]
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 (juvenile cannot be charged with capital murder)
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
No maximum
Offense
Mandatory Sentencing
Involuntary manslaughter
4.5–16.5 years (if underlying offense is a felony) 9 months to 3 years (if underlying offense is a misdemeanor)
Voluntary manslaughter
4.5–16.5 years
Murder
Life with parole eligibility after 15 years (30 years if victim under 13 years old and committed with a sexual motivation; life without parole if committed with a sexual motivation and the defendant has a sexually violent predator specification, or involving terrorism)
Aggravated murder
Life without parole or life with parole eligibility after 20, 25, or 30 years
Aggravated murder with capital specifications
Death, life without parole or 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; if committed with a sexual motivation and the defendant has a sexually violent predator specification, or involving terrorism, the minimum sentence is life without parole)
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 (minimum of at least 20 years)
Second degree murder if the defendant was 15-17
Life (minimum of at least 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 (minimum of at least 25 years)
First degree murder if the defendant was under 15-17
Life (minimum of at least 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)
Minimum of 20 years and maximum of life in prison (prisoners are eligible for geriatric parole when they turn 60; eligible for parole after 20 years if the defendant was a juvenile)
Aggravated murder
Life without parole (ineligible for geriatric parole; eligible for parole after 20 years if the defendant was a juvenile) (Judge can use discretion to suspend portion of life sentence unless the victim was a police officer)
