Generally, any type of murder requires either express or implied malice. Under Idaho murder laws, malice is express when there is an unlawfully deliberate intention to take away the life of a fellow human. Malice is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart.
Killings That Qualify As Second-Degree Murder in Idaho
The following table outlines the specifics of Idaho second-degree murder.
Idaho Statutes §18-4001: Murder Defined
Idaho Statutes §18-4003: Degrees Of Murder
Murder is the unlawful killing of a human being with malice aforethought or the intentional application of torture to a human being, which results in the death of a human being.
A murder is considered second-degree murder in Idaho if it is a murder that does not qualify for Idaho first-degree murder.
A murder qualifies as Idaho first-degree murder if:
According to Idaho second degree murder laws, every person guilty of murder of the second degree is punishable by a minimum of 10 years and up to life in prison
Allegations of killing another human being are extremely serious. It is important that you fully understand all of your rights and the extent of the charges. If you have been accused of first-degree murder and require legal assistance, you can contact an Idaho criminal defense lawyer through FindLaw. Visit FindLaw's sections on first-degree murder and criminal charges for more articles and information on this topic.
Contact a qualified attorney.