What Is Third Degree Murder?

Third degree murder is a legal concept that helps distinguish crimes involving the death of a victim by the intent or circumstances of the suspect. Depending on the court, this charge may be synonymous with second degree murder or with the charge of manslaughter. In regions that have third degree laws, the definition typically includes murder that occurred while the perpetrator had the intention of harming, though not killing, the victim, or when the perpetrator was intentionally acting with willful disregard for the victim's life.

Many courts determine sentencing guidelines for crimes based on the severity of the damage caused and the intent of the perpetrator. By dividing a crime by degrees of severity, a court can narrow sentencing guidelines for judges and juries. First degree crimes are typically those that result in the stiffest punishments if proved; in some countries with the death penalty, first degree murder can result in execution.

First degree murder usually constitutes a premeditated murder, or one that involved particular brutality. Other degrees of murder as well as manslaughter cover gray areas of intent and action, leading to considerable confusion over definition. Many courts do not feature a third degree murder statute, preferring to divide homicidal crimes between second degree actions and manslaughter. The United States is one of the few countries that has a third degree murder statute, and even then only in a few states such as Pennsylvania and California.

In Pennsylvania, third degree murder is defined as any murder not covered by the limits of first and second degree crimes. This category often serves as a catch-all for murder crimes that do not adhere specifically to the guidelines for higher crimes, but do contain elements of malice or recklessness. In most regions that feature third degree laws, the definition includes either crimes that were intended to cause harm but not death, or crimes where willful recklessness resulted in death.

California's laws typically use third degree murder to distinguish a crime from manslaughter. Whereas manslaughter perpetrators brought about a death through recklessness but did not intend to harm or kill the victim, third degree suspects are charged with killing someone when their intent was to harm the victim. In many other courts, this type of murder is considered second degree, rather than third.

The distance between second and third degree murder varies by state. In Florida, neither second nor third degree murder includes premeditation, but third degree murder is only committed during the execution of another nonviolent crime. In Minnesota, the perpetrator must have disregard for human life and a depraved mind while executing the eminently dangerous act that led to another's death.

The key difference between first and second degree murder is premeditation. When people commit first degree murder, they intend to kill their target and plan how to do so. Second degree murder may occur as a split-second decision where the perpetrator kills another without forethought. Second degree murder also applies to situations where perpetrators accidentally kill victims while acting in a way that shows extreme indifference for their victims' lives or while intentionally causing them serious bodily harm.

Second degree murder sentences vary depending on the state. Judges also consider various factors of the case:

Judges typically have a lot of leeway when it comes to sentencing. For second-degree murder, sentencing ranges from 15 years to life in prison. How long defendants serve depends on how dangerous the judge deems them to be and how likely they are to commit another violent act.

Among the three states that have third degree murder on the books, the sentencing varies widely. In Pennsylvania, the maximum sentence is 40 years in prison, while in Florida, the maximum sentence is 15 years. Minnesota splits the difference with 25 years in prison as the maximum penalty. While Pennsylvania doesn't have a minimum sentence, Florida requires at least 10 and one-third years for a third degree murder conviction, and 12 and one-half years are recommended by Minnesota's sentencing guidelines for first-time offenders. In Minnesota and Florida, defendants may also be subjected to a fine of up to $40,000 and $10,000, respectively.

In Florida and Minnesota, third degree murder and manslaughter are incredibly similar. However, Florida and Minnesota have statutes that specify instances where a crime considered manslaughter in other states is upgraded to third degree murder in these jurisdictions.

As far as manslaughter goes, there are two different types: voluntary and involuntary. Which the state presses depends on whether or not the defendant intentionally killed the victim.

On the surface, voluntary manslaughter sounds a lot like second-degree murder. Perpetrators who commit voluntary manslaughter intentionally kill their victims without premeditation. What makes an act of killing manslaughter and not second-degree murder is the circumstances.

Voluntary manslaughter is often called a "crime of passion." Perpetrators may be highly emotional when committing their crimes, such as in the moments after catching a partner cheating. A charge of voluntary manslaughter acknowledges the seriousness of the crime while also giving weight to human weakness.

Defendants charged with involuntary manslaughter didn't intend to kill their victims, but their reckless actions directly led to the victims' deaths. For example, drunk drivers who strike and kill pedestrians with their cars may be charged with involuntary manslaughter because even though they didn't intend to kill or even hit the pedestrians, their reckless decision to get behind the wheel while intoxicated caused their victims' death.

Manslaughter sentences tend to be shorter than murder because this charge is considered less morally reprehensible. Penalties vary by state, and the federal court system has its own rules. A manslaughter sentence can last as little as 10 months or as long as life in prison.

At times, a district attorney may reduce charges to a lower-degree murder or even manslaughter. Sometimes, this happens even when the case seems clear-cut to the public. However, reducing charges may be in the best interest of justice and the public if there are mitigating circumstances or the defendant is willing to take a plea bargain.

Minors may get a lesser charge if the DA feels their inexperience, neurological development or childhood has impacted their ability to make sound judgments. Mental illness is also considered a mitigating circumstance.

In some cases, the DA may offer a plea bargain of a lesser charge as an alternative to a trial. This scenario is often a win-win for the public and the defendant, as the defendant gets a reduced sentence, and the state doesn't have to pay for a trial.