It very well may, he'll probably get second degree murder instead of first, and depending on the sympathies of the jury and judge, he may get a lighter sentence as well. [/QB][/QUOTE]


I thought that maybe some of you might be interested in a thumbnail sketch of the degrees of homicide with respect to this matter.

First Degree Murder. This is a killing that involves malice aforethought- an intent to kill. It also requires premeditation to kill, but even if that intent to kill was formed a second before the act, it could still be deemed premeditation. An example of this would be Michael Corleone killing Solozzo and McCluskey.

By the way, in that scenario, Tessio, Clemenza, Sonny and Tom are also equally guilty of conspiracy for their roles.

Second Degree Murder. This varies among jurisdictions, but in Pennsylvania it is a killing done in the course of committing a felony. This would be robbing a convenient store and when the clerk resists, the robber shoots him.

Third Degree murder. This is like first degree without premeditation in most states. It's a fine distinction. This would include shooting someone while in the heat of an argument. First degree is cold blooded while third is hot blooded.

Voluntary manslaghter. This involves a death resulting from intentionally engaging in reckless behavior that unintentionally results in a person's death. If Sonny ended up killing Carlo in the streetfight, that would likely qualify as voluntary manslaughter although the Don's friends on the bench could secure a more favorable result.

Involuntary manslaughter This involves deaths caused by the defendant's unintentional carelessness. Accidentally driving through a red light and striking the crossing guard. This is a misdemeanor and often doesn't involve jail time.