States also examine similar aggravating and mitigating factors when determining second-degree murder penalties. In some cases, you may be able to opt for a bench trial where instead of a jury, your verdict may be decided by a judge alone. In general, you can expect a sentence of 15 years to life in prison. Mitigating factors tend to demonstrate to the sentencing court that the defendant deserves a lighter sentence than they would normally receive without the presence of the mitigating factors. Second-degree murder is an intentional killing, but is less serious than first-degree murder because some malicious factors aren’t present. 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. In addition to elements set out in the penal code, there are usually some aggravating and mitigating factors that courts examine to determine the second-degree murder penalties. — CRIMES AND THEIR PUNISHMENT :: 2005 West Virginia Code :: West Virginia Code :: US Codes and Statutes :: US Law :: Justia", "Chapter 2 - Offenses Against The Person :: Title 6 - Crimes And Offenses :: 2010 Wyoming Statutes :: Wyoming Statutes :: US Codes and Statutes :: US Law :: Justia", Lord Mustill on the Common Law concerning murder, Introduction and Updated Information on the Seville Statement on Violence, U.S. Centers for Disease Control "Atlas of United States Mortality", https://en.wikipedia.org/w/index.php?title=List_of_punishments_for_murder_in_the_United_States&oldid=982550921, Articles with dead external links from January 2018, Articles with permanently dead external links, Creative Commons Attribution-ShareAlike License, Second degree murder by an inmate, even escaped, serving a life sentence, Death or life imprisonment without parole, Any legal punishment (other than death) as directed by the court-martial, Murder under UCMJ Article 118 Clause (1) or (4) (First Degree Murder), Any number of years, but no more than 40 years, or life without parole, Second degree murder with aggravating circumstance, First degree murder with aggravating circumstance, Life without parole or no less than 30 years, 10–99 years (20-99 years if using deadly weapon) or life with parole, First Degree Murder with aggravating factor, 99 years without parole (can apply for one-time reduction after 49.5 years), Not less than 1 year nor more than 3.75 years (first violent felony offense), Not less than 7 years nor more than 21 years (first violent felony offense), Not less than 10 years nor more than 25 years (first violent felony offense), Natural life imprisonment or 25 years to life, 25 years to life (35-life if committed with a firearm), First Degree Murder constituting a hate crime or of an operator or driver, Life without parole or life with parole minimum of 30 to life, First Degree Murder with special circumstance, 16–48 years (Followed by 5 Years Mandatory Parole), Life without parole (or death if crime occurred before July 1, 2020), Murder with special circumstances or murder committed during, Maximum of 15 years in prison; maximum of 30 years in prison if a firearm is used, Maximum of 30 years in prison; maximum could be enhanced to life in prison if a firearm is used, Maximum of life in prison; Minimum of 25 years if a firearm is used, otherwise a minimum of 10 years under sentencing guidelines for a person with a clean record, 1–20 years or misdemeanor (up to 1 year, depending on the charge), Death (Malice Murder Only), Life without parole, or Life with parole eligibility after 30 years. 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 deserving of the harshest punishment available.
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