The California Penal Code recognizes two degrees of murder – Murder in the First Degree and Murder in the Second Degree:
First Degree Murder is an intentional murder committed with malice aforethought. It is premeditated murder. Put simply, the perpetrator intended to cause deadly harm to the victim and to kill him or her.
Second Degree Murder is the unlawful killing of another human being that is committed without any premeditation or planning. While the perpetrator intended to cause harm to the victim, there was no intention to kill.