what do you think the charge should be?
I'm not real familiar with the difference between the legal terms but looking up 1st and 2nd degree murder but in no way do I think 1st degree should be charged. The definition of 2nd degree murder sounds ok but my gut feels like it shouldn't be called murder because in my mind, murder seems to imply deliberate intent but I think I'm wrong in always applying that to the definition of murder.
3rd degree seems more appropriate based on what Ive seen so far
What is the difference between first and second-degree murder?
First-degree murder
The most serious charge for murder is designated as a first-degree murder. This charge is given when it is believed that the defendant has planned and then carried out a murder with an element of malice. It will be up to the prosecuting attorney to prove the defendant had a plan to murder the victim and was aware that their actions would result in a death. A couple of examples of a first-degree murder charge may come when a bomb or a poison were used.
In Tennessee, a felony murder, which is a murder that is committed during the act of a violent felony, can also be classified as a first-degree murder. Tennessee is a capital punishment state, which means a first-degree murder conviction could result in a death sentence.
Second-degree murder
The designation for second-degree murder is placed on a defendant when it is believed the murder was committed without it being deliberate or premeditated. It may even be clear that the defendant wanted to cause harm to the victim, but there was not an intent to kill.
Many times, a situation arises where the defendant becomes so instantly enraged that only wanting to harm goes beyond what was anticipated and the victim dies. Second-degree murder typically involves jail time and in some serious cases lead to a life sentence.
Third-degree murder
Often, third-degree murder is referred to as manslaughter. This type of murder can be designated as a time when a murder was committed but there was no plan or even an intent to harm.
Sometimes manslaughter can even be classified as voluntary or involuntary. Examples being that voluntary manslaughter arises if the defendant is suddenly provoked and while, in the midst of anger, causes enough harm to someone that they die. Involuntary manslaughter generally means that the defendant was reckless in their actions and the result caused someone to die.
Pinpointing the differences to each of these types of murders can be written out somewhat easily, but when faced with evidence and questions of intent, finding the correct designation for a particular murder can be difficult.