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Actually, it's not. It's Murder 2, or Murder in the 2nd degree. Premeditation is Murder in the first degree. All that's required for murder is a) intent to harm (not premeditation), and b) death. Given that running over someone kills them, this is definitely attempted 2nd degree murder.

Edit: I forgot, intention to commit a felony carries premeditation, so it would even be attempted first degree murder


How is 2nd degree murder different from manslaughter then?

My understanding was that murder required premeditation, and intent to kill without premeditation was manslaughter.


Typically premeditation determines 1st vs. 2nd degree murder.

Intent to harm without intent to kill typically corresponds to (voluntary) manslaughter. Reckless disregard or negligence of the potential for death may result in manslaughter or some lesser charge like involuntary manslaughter.

This differs by state; some have crimes like "3rd degree murder" or "2nd degree manslaughter", or "voluntary manslaughter" vs. "involuntary manslaughter".

There are also delightful variations where someone "sufficiently provoked" (adultery being the traditional example) would face manslaughter charges for what would otherwise be murder.


Given what little we know there is no suggestion of an actual intent to kill. Without such an intent how can you possibly suggest attempted murder? You have overreached massively. The logical conclusion of your reasoning is that any assault with a deadly weapon amounts to attempted murder.


>Given that running over someone kills them

This isn't as true as you make it seem


In California it seems quite likely to be second degree attempted murder and aggravated battery; even if it was only the second, those offenses, taking into account the potential enhancement for great bodily injury enhancement, have overlapping ranges of potential sentences, so neither is necessarily more severe legally.



> in the heat of the moment

You mean a "crime of passion" ? good luck with that in a tribunal.


Having your license plate written down is "heat of the moment"?


If they'd actually killed someone in the course of a felony, that would make it first-degree murder.


An attempted second degree murder is still an attempted murder, right?




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