Murder is the intentional, premeditated killing of another human being. The premeditation requirement for murder was historically described in the law as “malice aforethought.”

Laws regarding murder vary from state to state, and some states have a separate criminal offense of capital murder, which usually involves the most egregious circumstances, such as killing a peace officer in the line of duty or lying in wait to ambush and kill the victim. Capital murder offenses carry a potential death penalty.

And some states use the distinction of first degree murder (done with premeditation and punishable by death or life in prison) and second degree murder (generally an intentional killing without premeditation—also known as manslaughter or voluntary manslaughter in some states).

The criminal offense of murder is generally located in a state’s statutes—often in the penal or criminal code.

In West Virginia (WV), murder is classified under state statutes, specifically in the West Virginia Code. The state distinguishes between different degrees of murder. First-degree murder involves premeditation and deliberation, or in other words, 'malice aforethought.' This is the intentional and planned killing of another person. First-degree murder in WV is punishable by life imprisonment, and the state does not have the death penalty. Second-degree murder, on the other hand, is an intentional killing that is not premeditated or planned. It is also a felony in WV, but it carries a lesser penalty than first-degree murder, typically a term of imprisonment not less than 10 years. West Virginia does not have a separate category for capital murder, as some other states do, because it does not impose the death penalty. The distinction between first and second-degree murder is crucial in determining the severity of the punishment. Manslaughter, which includes voluntary and involuntary manslaughter, is a separate offense in WV and involves the unlawful killing of another without malice, such as in the heat of passion or due to negligence, respectively.