Jury Instruction - First Degree Murder - Felony Murder

Felony murder is a subset of first-degree murder and is charged when a person is killed during the commission of a felony, such as a robbery or rape.

In most US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder are the most serious, followed by second-degree murder and, in a few states, third-degree murder, followed by voluntary manslaughter and involuntary manslaughter which are not as serious

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.

Homicides can be divided into many overlapping legal categories, including murder, manslaughter, justifiable homicide, killing in war (either following the laws of war or as a war crime), euthanasia, and capital punishment, depending on the circumstances of the death.

Putting aside felony murder, the real difference between first and second-degree murder is the intent or mindset the defendant had when they took the action they did. Third-degree murder (also called manslaughter) is an unplanned, unintentional killing that is not part of another felony.