Likely second, unless there was some evidence it was planned in some way. Like, if they also found a text talking about how much they hated that guy and wished he was dead, you could make a case for first. If there was a plan to bring the person to an isolated location for their fight, it would likely be first in that case. Same could be said for tracking their work shifts in preparation, casing their house to see when they’re alone, etc.
Not necessarily. According to the article above, even if you plan to beat the guy, it can still be second degree. If your plan was just to beat him up (without killing), then it’s second degree. Since the death itself wasn’t planned. Only the great bodily harm was planned.
EDIT: “depraved-heart murder, which can be considered second-degree”
Likely second, unless there was some evidence it was planned in some way. Like, if they also found a text talking about how much they hated that guy and wished he was dead, you could make a case for first. If there was a plan to bring the person to an isolated location for their fight, it would likely be first in that case. Same could be said for tracking their work shifts in preparation, casing their house to see when they’re alone, etc.
Not necessarily. According to the article above, even if you plan to beat the guy, it can still be second degree. If your plan was just to beat him up (without killing), then it’s second degree. Since the death itself wasn’t planned. Only the great bodily harm was planned.
EDIT: “depraved-heart murder, which can be considered second-degree”