EnglishEspañol

How Many Years for First Degree Murder?

Independently fact-checked against primary sources (last audited August 4, 2026). · 10 primary sources cited on this page. How we verify our legal content

How Many Years for First Degree Murder?

Frequently Asked Questions

What is the minimum sentence for first-degree murder?

It depends entirely on the state. Arkansas is among the lowest: first-degree murder there is a Class Y felony carrying 10 to 40 years or life, so the statutory floor is 10 years. Idaho reaches a 10-year floor by a different route, requiring a life sentence with a minimum period of confinement of at least 10 years. Most states set the floor much higher, commonly 15, 20, or 25 years before any parole eligibility. A small group of states impose life without parole on adults, so no term-of-years minimum applies at all.

Do you get life for first-degree murder?

In most states, yes. A life sentence is the standard or maximum outcome for first-degree murder. Whether that means life with the possibility of parole or life without parole depends on the state, the facts of the case, and whether any mandatory-minimum statutes apply. Some states reserve LWOP for cases with aggravating factors; others make it automatic.

Can you get parole for first-degree murder?

It depends on the state and the specific sentence. If a defendant receives a life-with-parole sentence, they typically become eligible for parole review after 25 to 30 years in most jurisdictions. However, parole is never guaranteed: boards can deny release even after eligibility is reached. A small group of states, including Iowa, Louisiana, Pennsylvania, and South Dakota, impose life without parole on adults convicted of first-degree murder and allow no parole at all, leaving executive clemency as the only route out. Defendants who were under 18 at the time of the offense are sentenced under separate provisions, because a mandatory life-without-parole sentence for a juvenile is unconstitutional. Illinois and Maine are not mandatory-LWOP states: Illinois sets a 20-to-60-year determinate range under 730 ILCS 5/5-4.5-20, and Maine allows a term of years of at least 25 under 17-A M.R.S. 1603.

How many states have the death penalty?

As of 2026, 27 states authorize the death penalty for first-degree murder in the most aggravated cases. Twenty-three states plus Washington D.C. have abolished it. Of the 27 states that retain it, four (California, Pennsylvania, Ohio, and Oregon) have active moratoria and are not carrying out executions, though the statute remains on the books in each.

What is the difference between life and life without parole?

A sentence of life with the possibility of parole means the defendant will serve a mandatory minimum (often 25 years for first-degree murder) and then face periodic parole board reviews. Release is possible but not guaranteed. Life without parole (LWOP) means the sentence is permanent with no parole hearings, no release date, and no earned exit. The only paths out are executive clemency or a successful post-conviction appeal.

Can a juvenile receive a life sentence for first-degree murder?

Yes, but not a mandatory one. The Supreme Court ruled in Miller v. Alabama (2012) that mandatory life without parole for juvenile offenders is unconstitutional. Courts must have the discretion to consider the defendant's youth and circumstances. Discretionary JLWOP is still permitted after Jones v. Mississippi (2021). About 28 states and D.C. have gone further and ended juvenile LWOP entirely.

Does a plea deal reduce a first-degree murder sentence?

Often, yes. Most felony cases, including murder cases, resolve through negotiated pleas rather than trials. A prosecutor may offer to charge second-degree murder, accept a guilty plea to first-degree murder with a specific sentence recommendation, or agree to take the death penalty off the table in capital cases. The actual reduction depends on the facts, the jurisdiction, and the strength of the evidence.

Updates

Corrected the state lists: Illinois and Maine were wrongly described as mandatory life-without-parole states, when Illinois sets a 20-to-60-year range and Maine allows life or a term of at least 25 years. Removed the claim that Arkansas has the country's lowest first-degree murder minimum, since Idaho sets the same 10-year floor, and added the Arkansas Supreme Court decisions that state the Class Y sentencing range. Clarified that in the mandatory life-without-parole states the sentence applies to adults, with executive clemency as the only route to release, and that defendants who were under 18 are sentenced under separate provisions. Also refreshed California's death-row count to 568 as of July 2026 and updated Tennessee's execution schedule.

Independently fact-checked against the cited primary sources

Full rewrite from a 394-word stub into a current guide to first-degree murder sentencing: 25-years-to-life or death, the 10-year Arkansas minimum, life with vs without parole, the 27 death-penalty states as of 2026 (with moratoria and 2024-2025 resumptions), aggravating/mitigating factors, and the no-mandatory-JLWOP rule for juveniles.

Sources and References

  1. Death Penalty Information Center, State-by-State(deathpenaltyinfo.org)
  2. Death Penalty Information Center, Tennessee(deathpenaltyinfo.org)
  3. Death Penalty Information Center, Idaho(deathpenaltyinfo.org)
  4. Death Penalty Information Center, Upcoming Executions(deathpenaltyinfo.org)
  5. Death Penalty Information Center, North Carolina Legislature Passes Sweeping Criminal Law Legislation (HB 307)(deathpenaltyinfo.org)
  6. Death Penalty Information Center, Year-End Reports(deathpenaltyinfo.org)
  7. National Conference of State Legislatures, Miller v. Alabama and Juvenile Life Without Parole Laws(ncsl.org)
  8. U.S. Supreme Court, Jones v. Mississippi (2021)(supremecourt.gov).gov
  9. Maine Revised Statutes, 17-A M.R.S. 1603 (Sentence of imprisonment for murder)(legislature.maine.gov).gov
  10. Illinois General Assembly, 730 ILCS 5/5-4.5-20 (First degree murder; sentence)(ilga.gov).gov
  11. California Department of Corrections and Rehabilitation, Condemned Population Summary(cdcr.ca.gov).gov
  12. Supreme Court of Arkansas, Hall v. State, 2022 Ark. 16 (first-degree murder is a Class Y felony; Class Y range is ten to forty years, or life, under Ark. Code Ann. 5-4-401(a)(1))(opinions.arcourts.gov).gov
  13. Supreme Court of Arkansas, Bienemy v. State, 2025 Ark. 70 (capital murder is punishable by death or life imprisonment without parole)(opinions.arcourts.gov).gov
  14. Idaho Statutes, Idaho Code 18-4004 (Punishment for murder)(legislature.idaho.gov).gov
  15. Iowa Code 902.1 (Class A felony; juvenile first-degree murder sentencing options)(legis.iowa.gov).gov
  16. Louisiana Revised Statutes, La. R.S. 14:30 (First degree murder)(legis.la.gov).gov
  17. Pennsylvania General Assembly, 18 Pa.C.S. 1102 (Sentence for murder)(legis.state.pa.us).gov
Share: