Chances are, if someone is suspected of killing someone else and there is enough evidence, that person is going to be charged with murder.

But what exactly does that mean?

At common law, murder was defined as the unlawful killing of another human being with intent or malice aforethought. Malice aforethought can be a difficult concept to wrap your head around, but generally falls within one of several categories (i.e. intent to kill, intent to inflict grievous bodily harm, reckless indifference to an unjustifiably high risk to human life or “abandoned and malignant heart,” or intent to commit a dangerous felony or “felony murder”).

But it is important to note that modern law defines murder in several different forms, or degrees. Additionally, different states define these
degrees in different ways.

First degree murder is most akin to common law murder. Generally, it is also the most serious degree of murder. Usually, first degree murder is
defined as the deliberate and premeditated killing of another human being with malice. Deliberate essentially means that the murderer
deliberately intended to kill the other person. Premeditated refers to the murderer actually thinking about the killing prior to its occurrence. Malice is to commit the act without just cause or legal excuse. Acting in self defense, or in defense of another person, is an example of just cause or legal excuse. For example, two friends are playing basketball and one friend dunks on the other. After the game, the “dunkee” goes home, grabs his gun, and leaves his home searching for the “dunker.” Eventually, the “dunkee” finds the “dunker” and shoots him. This will most likely be considered first degree murder.

Second-degree murder is killing another with malice. Therefore, second degree murder usually refers to committing the act without just cause or legal excuse. It does not require deliberation or premeditation. That is to say this means intentionally killing someone without planning in advance. Continuing the example above, if the “dunkee” in a fit of rage immediately after being dunked on, pulls a gun from his shorts and shoots the “dunker,” this may be considered second degree murder.

Felony murder, while mentioned above, adds a whole new twist. Felony murder, as the name implies, occurs during the course of the commission of a felony. Often times, even a death that is an accident, will be considered felony murder if it happens while a felony is being
committed. For example, if someone is robbing a bank and a customer of the bank has a heart attack and dies, that will usually be considered felony murder. Felony murder usually carries an enhanced sentence.

Manslaughter, while often mistaken as a form of murder, is a killing that carries a lesser degree of culpability than murder.

So there you have it – degrees of murder in a nutshell

Car accident can be a very traumatic event both mentally, physically, and financially. If you are suffering losses as a result of the car accident, in any manner, you need to get a Charleston car accident lawyer on your side. With the help of a lawyer you will understand what your rights are and you will be able to get what is owed to you.

Living in Charleston SC, you know that traffic is an issue. Not only are there a lot of people on the road, there are some that have a total disregard for the safety of others. We live in a fast paced society and the result is that many people are not as careful on the roads as they should be. The result is that they cause a car accident, an accident that can take up a lot of your time as you recovery from mental and physical injuries.

There are some common causes for car accidents which may make it necessary for you to contact a personal injury lawyer. Some of these common causes include but are not limited to:
• drunk driving
• drowsiness
• negligence
• distractions
• cell phone misuse
• aggressive driving
• poor road conditions
• mechanical failure
• speeding

It doesn’t matter what the reason for the accident is, if you are missing time from work, losing income, suffering from pain and suffering, and paying for health care bills and the accident was not your fault you need to be represented by a professional. You should not simply accept the fact that the accident happened and move on; instead you should get the help of an attorney who can help you recoup some of your losses.

A Charleston SC car accident attorney can help you take your life back by making someone may for your mental and physical pain and suffering, by paying for the damage to your vehicle, reimbursing your lost wages, and paying for your medical bills. These are things that can really turn a person’s life upside down after a car accident, but the right attorney can help you take your life back and begin to move on in the right way. A car accident that was not caused by you doesn’t have to change your life as you know it. While you cannot take back the accident and pretend it never happened, you can come out on top instead of being dragged down by the experience. If you have been involved in a car accident, make sure that you get in touch with a personal injury attorney like Thurmond Kirchner & Timbes, P.A. attorneys at your earliest convenience to help you move on.

The litigation law firm of Thurmond Kirchner & Timbes, P.A. was formed by three close friends sharing a common view towards complete client service and efficient conflict resolution. The founding members each bring unique backgrounds, talents and experiences to the firm, providing a balanced, team effort in handling the clients’ cases. In 2007, the firm expanded its services and capabilities, adding a fourth member and two associates to the practice. This growth has added to our ability to meet the many needs of the present and future clients. The attorneys are licensed in South Carolina, North Carolina, and Georgia.

At Thurmond Kirchner & Timbes, P.A., the staff understands that every case is important. The firm also recognizes that every client has unique needs. Thurmond Kirchner & Timbes, P.A. strives to offer complete client service in pursuit of a practical and effective resolution in every case.