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What is the difference in 1st 2nd and 3rd degree murders? 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. Legal Definition. While manslaughter, or third degree murder, is a catch-all category for murders, there are more serious kinds of murder that are distinguished based upon factors such as intent, premeditation, whether the murder was committed as part of another crime like burglary or kidnapping, or whether there were any special circumstances such as murder of a . Murder is the act of causing the death of another person without legal justification or excuse. The U.S. federal code and most state codes distinguish between different degrees of murder, though state codes differ in how many degrees are recognized (one, two, or three) and how the degrees are defined. In general, however, an act of murder falls under the category of first degree if . Read more