New York Jury Instruction - First Degree Murder - Premeditated Murder - Transferred Intent
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FAQ
All three types of first degree murder (Premeditated Murder, Felony Murder, and Murder of a Law Enforcement Officer) are punishable by: Death; or. Life Imprisonment; or. Natural Life Imprisonment.
First-degree murder is the most serious of all homicide offenses. It involves any intentional murder that is willful and premeditated with malice aforethought. Premeditation requires that the defendant planned the murder before it was committed or was ?lying in wait? for the victim.
First degree murder is a class A-I felony and is subject to one of the following sentences: Death; Life imprisonment without parole; or. Imprisonment for a term of 20 to 25 years.
Under the doctrine of transferred intent, a defendant's intent to commit a tort against one person may be transferred to another person. For example, a defendant swings a baseball bat at his friend, intending to scare him or her. The defendant accidentally hits a bystander with the bat.