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How long do you go to jail for murdering someone?
In this article, you’ll learn about:
Let’s dig in.
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You’ll likely go to jail for life without parole for murdering someone.
This is the most common length of time in jail for murdering someone.
But, the penalties for murdering someone range from 10 years in jail to the death penalty.
Read More: What Are 1st, 2nd, and 3rd-Degree Murders
| Murder | Homicide | Manslaughter | |
|---|---|---|---|
| Most Common | Life without Parole | 10 - 15 years | 5 - 10 years |
| Minimum Sentence | 10 years | Probation | Probation |
| Maximum Sentence | Death Penalty | Life | Life |
Let’s look at how long you go to jail for murdering someone:
Some states give you the possibility of parole on your life sentence, like:
The possibility of parole gets granted by the parole board.
They review your criminal record and behavior in prison.
Read More: Homicide vs Murder
Let’s look at how long you go to jail for homicide:
Read More: How Many Murders Go Unsolved
Let’s look at how long you go to jail for manslaughter:
You spend less time in jail for manslaughter than for murder.
Manslaughter is a killing that occurred without the intent to cause death or serious bodily injury.
Manslaughter is the unlawful killing of another human being without:
Note the term “unlawful.”
That’s there because soldiers can kill someone in war “lawfully” without getting in trouble.
Read More: Murder Rate In The US
| State | Murder | Homicide | Manslaughter |
|---|---|---|---|
| Alabama | Life | 20 | 20 |
| Alaska | 99 | 10 | 20 |
| Arizona | Life or Death Penalty | Life | 15 |
| Arkansas | 40 | Life | 10 |
| California | Life | Life | 11 |
| Colorado | Life or Death Penalty | Life | 20 |
| Connecticut | 60 | 25 | 20 |
| Delaware | Life | 25 | 25 |
| Florida | Life or Death Penalty | Life | 30 |
| Georgia | Life | 30 | 20 |
| Hawaii | Life | 20 | 10 |
| Idaho | Life | Life | 15 |
| Illinois | 20 | 20 | 5 |
| Indiana | 65 | 50 | 25 |
| Iowa | Life | Life | 10 |
| Kansas | Life | 41 | 41 |
| Kentucky | Life | 20 | 10 |
| Louisiana | Life | 40 | 40 |
| Maine | Life | 30 | 30 |
| Maryland | Life | Life | 10 |
| Massachusetts | Life | Life | 20 |
| Michigan | Life | 20 | 15 |
| Minnesota | 40 | 15 | 10 |
| Mississippi | Mandatory Life | 20 | 20 |
| Missouri | Life | 15 | 15 |
| Montana | Life | 100 | 20 |
| Nebraska | Life or Death Penalty | Life | 20 |
| Nevada | Life | 15 | 15 |
| New Hampshire | Life or Death Penalty | Life | 15 |
| New Jersey | 30 | 10 | 10 |
| New Mexico | Life | Life | 15 |
| New York | Life | 25 | 25 |
| North Carolina | Life or Death Penalty | Life | 15 |
| North Dakota | Life or Death Penalty | Life | 10 |
| Ohio | Life | 11 | 11 |
| Oklahoma | Life | Life | Life |
| Oregon | Life | 20 | 10 |
| Pennsylvania | Life | 40 | 10 |
| Rhode Island | Life | 50 | 30 |
| South Carolina | Life | 30 | 30 |
| South Dakota | Life or Death Penalty | Life | 15 |
| Tennessee | Life | Life | 15 |
| Texas | 99 | 20 | 10 |
| Utah | Life | 15 | 15 |
| Vermont | Life | Life | 30 |
| Virginia | Life | 20 | 10 |
| Washington | Life | Life | 20 |
| West Virginia | Life | Life | 15 |
| Wisconsin | Life | 60 | 40 |
| Wyoming | Life or Death Penalty | Life | 20 |
These are the different degrees of murder.
This list shows the most common prison terms in America.
These prison sentences vary by state.
First-degree murder is the most serious crime when it comes to murder cases.
These are premeditated, intentional, and planned murders.
For first-degree murder, you will go to jail for life.
Some states will even give you the death penalty for first-degree murder.
Second-degree murders are intentionally killing another human being.
These are NOT premeditated or planned murders.
You are likely to spend 10 – 25 years in jail for second-degree murder.
Third-degree murders are unintentionally killing another human being.
Some examples of third-degree murder are:
These are similar to manslaughters.
You’re likely to spend 5 – 15 years in prison for third-degree murders.
Manslaughter is still murdering someone.
But it differs because it’s a murder resulting from sudden passion or provocation.
Voluntary manslaughter carries a shorter jail sentence than murder.
Voluntary manslaughter examples include:
Voluntary manslaughter can land you with a misdemeanor in areas like Los Angeles, California.
But only if you acted out of provocation, fear, or the heat of passion when you kill someone.
You’re likely to spend 5 – 15 years in prison for voluntary manslaughter.
Read More: What Is Attempted Manslaughter
Involuntary manslaughter is an unintentional killing resulting from:
Some examples of involuntary manslaughter are taking a human life by:
Involuntary manslaughter is less serious than a normal murder conviction.
You’re likely to spend 5 – 15 years in prison for involuntary manslaughter.
Read More: What Is 3rd-Degree Manslaughter
Let’s look at some special circumstances for criminal cases involving murder.
Aggravate manslaughter is committing a homicide.
But the homicide is a result of extreme recklessness or indifference.
Aggravating factors that make manslaughter “aggravated” are:
On average, you’ll spend 10 – 30 years in state prison for aggravated manslaughter.
Most states have a minimum of 10 years in prison for aggravated manslaughter.
Capital murder is a premeditated and intentional murder of a human being.
It’s considered heinous and depraved, which makes it punishable by death.
Capital murders are murders that include scenarios, like killing:
Let’s look at how long you’ll go to jail for capital murders.
All 50 states have capital murder laws.
But not all 50 states have the death penalty for capital murder.
These are the 28 states that have a death penalty for capital.
A felony murder is a murder that happens when you’re committing a felony.
(Criminal law penal codes state that it’s murder during the “commission of a felony.”)
You do not have to be the person who kills another human being to get this charge.
Let’s say that you’re committing a robbery, which is a felony.
And that the person you’re robbing shoots and kills your partner.
The person who shot your partner will not get charged with murder.
You will get charged with the murder of your partner.
Because the murder occurred due to the felony that you were committing.
Other examples of felonies would be:
Let’s look at how long you’ll go to jail for felony murders.
Vehicular manslaughter is causing serious injuries with a car that leads to death.
You can commit vehicular manslaughter if you:
These are accidental vehicle deaths that stem from severe bodily injury.
You can get charged with murder even if you kill someone in self-defense.
Self-defense means that you use enough force to stop the threat.
To dismiss your murder charges with self-defense, you have to have:
If you can meet these criteria, you could get off without going to jail.
You will need a criminal defense lawyer to help prove your case.
Fill out the form on this page for a free consultation with our law firm.
These are the most common questions we get about going to jail for murdering someone.
You cannot be guilty of murder and manslaughter at the same time.
They are two different criminal offenses.
They require different levels of intent behind killing someone.
Murder is killing someone with malice aforethought.
Manslaughter is killing someone without malice aforethought.
The difference between killed and murdered is that:
You cannot get held criminally liable for killing someone in self-defense.
But, self-defense has to get proven by your criminal defense attorney.
Let’s say that the courts determine deadly force was unnecessary or excessive.
Then, you’ll go to jail for killing someone in self-defense.
If you are facing a murder conviction, fill out the form on this page.
Our criminal defense attorneys have the experience you need to defend your rights.
This way, you don’t:
You deserve a fair trial in the criminal justice system.
And, if you acted in self-defense, you need someone who can prove that.
We can provide you with that.
Talk soon.
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