What is the difference between first degree murder and second degree murder?

California, United States of America


The following excerpt is from People v. Vasquez, B262832 (Cal. App. 2016):

First degree murder is differentiated from second degree murder by the existence of premeditation and deliberation. (Pen. Code, 187, subd. (a), 189; People v. Nazeri (2010) 187 Cal.App.4th 1101, 1111 (Nazeri).) Deliberation refers to a careful weighing

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of considerations in forming a course of action, while premeditation means to think over in advance. (People v. Mendoza (2011) 52 Cal.4th 1056, 1069 (Mendoza).)

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