Category | Sentence |
---|---|
Average sentence (excluding death/life) | ~40 years to life |
With possibility of parole | Often 25 to 40 years before eligibility |
Life without parole (LWOP) | Common in many states |
Death penalty | Still legal in some states but rarely carried out |
State law: Some states (e.g., California, Texas, Florida) mandate life or even death for first-degree murder.
Aggravating circumstances: Murder of a child, police officer, multiple victims, or torture can lead to harsher penalties.
Plea deals: Many defendants plead to second-degree murder or manslaughter to avoid life/death sentences.
Parole eligibility: Some life sentences allow parole after 2530 years; others do not.
State | Typical Sentence for First-Degree Murder |
---|---|
California | Life with or without parole; death (rare) |
Texas | Life without parole or death penalty |
New York | 25 years to life (no death penalty) |
Florida | Life without parole or death penalty |
Illinois |
Life without parole; no death penalty |
Category | Sentence Length |
---|---|
National average (general range) | 15 to 25 years |
Typical sentencing window | 10 to 40 years, depending on state |
With parole eligibility | Often after 1020 years |
Not premeditated, but intentional (e.g., a sudden violent act).
Could include cases driven by rage, or depraved heart killings (extreme recklessness).
Sentence depends heavily on:
Whether a plea deal was used
Criminal history of the defendant
Mitigating/aggravating circumstances
State | Typical Sentence for Second-Degree Murder |
---|---|
California | 15 years to life (parole possible) |
New York | 15 to 25 years to life |
Florida | Up to life in prison; often 2030 years |
Illinois | 4 to 20 years (can increase with aggravation) |
Michigan | Any term of years up to life |
Offense | Typical Sentence Range |
---|---|
First-Degree Murder | 25 years to life / LWOP / death |
Second-Degree Murder | 15 to 25 years |
Voluntary Manslaughter | 3 to 11 years (varies) |
Offense Type | Typical Sentence Range |
---|---|
Attempted First-Degree Murder | 10 to 30 years |
Attempted Second-Degree Murder | 5 to 20 years |
With aggravating factors | Up to life in prison |
With plea deal or mitigating factors | 3 to 10 years |
Degree of Attempt:
Attempted first-degree murder usually requires intent and premeditation.
Attempted second-degree murder is typically impulsive or reckless.
Weapon use:
Use of firearms or deadly weapons often triggers mandatory minimums or sentence enhancements.
Victim status:
Attempted murder of a police officer, child, or in a domestic violence context usually leads to harsher penalties.
Criminal history:
Repeat offenders often get longer sentences.
State | Attempted First-Degree Murder Sentence |
---|---|
California | 5, 7, or 9 years (base), but 25+ with enhancements |
Florida | Up to life in prison |
New York | 10 to 25 years |
Texas | Up to 99 years, depending on circumstances |
Illinois | 6 to 30 years, up to natural life if enhanced |
Charge | Typical Sentence Range |
---|---|
First-Degree Murder | 25 to life / LWOP / death |
Second-Degree Murder | 15 to 25 years |
Attempted Murder | 10 to 30 years |
Aggravated Assault | 1 to 10 years |
Type of Accessory | Typical Sentence Range |
---|---|
Accessory before the fact | 10 to 25 years |
Accessory after the fact | 2 to 10 years (often less) |
Accessory Before the Fact:
Helped plan the murder or encouraged it
Was not present at the scene
Charged similarly to conspirators or accomplices
May receive nearly the same sentence as the killer
Accessory After the Fact:
Helped the murderer after the crime (e.g., hid the suspect, destroyed evidence)
Usually a separate and lesser charge
Often prosecuted as obstruction of justice, harboring a fugitive, etc.
Scenario | Likely Charge | Typical Sentence |
---|---|---|
Gave killer the weapon, knew intent | Accessory before the fact | 1525 years |
Helped plan the murder but stayed home | Accessory before the fact | 1020 years |
Helped suspect hide after killing | Accessory after the fact | 25 years |
Cleaned crime scene, lied to police | Accessory after the fact | 13 years, sometimes probation |