Legal Question in Criminal Law in Florida

The main difference is that first degree murder includes an element of premeditation. In other words, the defendant must have considered killing the person, if only for a moment, before the killing occurred. First degree murder is pre-planned, even if it's just, "That's it, I'm killing you." Second degree murder is killing without any forethought, sort of the "get really mad all at once and just kill someone" type of murder. It usually happens in anger, like when a spouse catches another spouse cheating and suddenly kills the other spouse or during a heated fight.

There is also a difference regarding a thing called "felony murder," but I doubt that's what you are asking about or you would have said so.

Plus, 1st degree murder can carry the death penalty. 2nd degree only gets you life.