The most important difference between 1st degree murder and 2nd degree murder is the element of Intent. The element of a crime is the basic part, or the cause for the action. For example, intentional, unwanted, physical contact. These can each be an element of crime. (Hall, 2016). Many felony murders are considered to be 1st degree murder by most jurisdictions for the purpose of sentencing. Felony murders that occur during said felonies are treated as 1st degree murder and murder during all other felonies are considered 2nd degree murder. (Hall, 2016). 1st degree murder is murder with malice and premeditation. It is done with cruelty or during the commission if a major felony. 2nd degree murder is done without premeditation. (Hall, 2016). Not
