A first-degree murder conviction usually means at least 25 years in prison before any chance of release, and often life without parole or, in some jurisdictions, the death penalty. How long you actually go to prison for first-degree murder depends on the state or federal law that applies, the aggravating or mitigating facts of the case, and whether the sentence allows parole. Among people released from state prison after a murder conviction, the average time served was about 15 years, with a median of 13.4 years.1Bureau of Justice Statistics. Time Served in State Prison, 2016 Many people sentenced to life without parole are never in that release pool at all.
The Three Possible Sentences
First-degree murder carries three sentence types, and which ones are on the table depends on the jurisdiction.
- Life with the possibility of parole. The defendant must serve a mandatory minimum (commonly 15, 20, or 25 years) before a parole board will even consider release.
- Life without the possibility of parole (LWOP). The defendant remains in prison for life with no release mechanism. This is the maximum sentence in jurisdictions that have abolished capital punishment.
- Death. Twenty-seven states and the federal government authorize the death penalty, reserved for murders with specific aggravating circumstances and imposed only after a separate sentencing phase.
Federal law is narrower than most state codes. Under 18 U.S.C. § 1111, first-degree murder is “punished by death or by imprisonment for life.”2Office of the Law Revision Counsel. 18 USC 1111 – Murder There is no shorter fixed-term option. When the death penalty is not imposed, life imprisonment is required. For federal murders with child victims, the statute sets a 30-year minimum where neither death nor life is imposed.3Office of the Law Revision Counsel. 18 USC 3559 – Sentencing Classification of Offenses
What “Life With Parole” Actually Means
A life sentence with parole is not a shortcut out. It means that after the mandatory minimum, the defendant can ask a parole board to consider release. Many people are denied and reapply, serving far longer than the minimum.
Under federal law, the U.S. Parole Commission can grant release if the inmate has followed prison rules, if release would not minimize the seriousness of the offense, and if release would not endanger the public. Hearings review the details of the crime, prior record, prison conduct, and a proposed release plan.4U.S. Parole Commission. Frequently Asked Questions State parole boards apply similar criteria, and victims’ families often have the right to appear and give statements.
How Much Time People Actually Serve
The 15-year average for people released after a murder conviction captures only those who were eventually released. It excludes the substantial population serving life without parole.
Truth-in-sentencing laws pushed actual time served closer to the sentence imposed. Beginning in the 1990s, many states required violent offenders to serve at least 85% of their sentence before any form of early release. More than a dozen states eliminated discretionary parole entirely for most offenses committed after those laws took effect.
The practical effect: in a state with strong truth-in-sentencing rules and a 30-year minimum, a person convicted of first-degree murder will serve close to the full 30 years. In more lenient jurisdictions, credits and earlier parole eligibility can shave years off. Either way, first-degree murder means many years behind bars.
Aggravating Factors That Push Sentences Up
Aggravating factors are circumstances the court treats as making the crime worse, moving a sentence toward LWOP or death. Federal law lists several:
- Killing during another felony such as robbery, kidnapping, arson, or sexual assault.5Office of the Law Revision Counsel. 18 US Code 3592 – Mitigating and Aggravating Factors To Be Considered in Determining Whether a Sentence of Death Is Justified
- Torture or extreme cruelty toward the victim.
- Targeting a victim because of age, youth, or physical infirmity.
- Prior convictions for serious felonies, especially those involving firearms or death.
- Creating a grave risk to people beyond the victim.
Prosecutors in many states must prove at least one statutory aggravating factor before they can even seek the death penalty. Multiple aggravators together substantially raise the odds of LWOP or a death sentence.
Mitigating Factors That Can Bring Sentences Down
Mitigating factors do not excuse the killing, but they can persuade a judge or jury to impose a lighter sentence. Under federal law, the court must consider any mitigator the defense raises, including:
- Significantly impaired mental capacity at the time of the offense.5Office of the Law Revision Counsel. 18 US Code 3592 – Mitigating and Aggravating Factors To Be Considered in Determining Whether a Sentence of Death Is Justified
- Duress from another person.
- A minor role in the crime compared to co-defendants.
- No prior criminal record.
- Youth of the defendant.
A defendant with no record, evidence of mental illness, and a limited role in the killing is far more likely to receive life with parole than life without it. Cooperation with authorities and evidence of remorse can also affect the outcome.
When You Didn’t Do the Killing: Felony Murder
You do not have to be the person who killed anyone to face first-degree murder time. Under the felony murder rule, which exists in most states and in federal law, a death that occurs during certain violent felonies counts as first-degree murder for everyone involved. Federal law lists arson, kidnapping, robbery, burglary, escape, sexual abuse, child abuse, espionage, sabotage, and treason as qualifying felonies. If two people rob a store and one shoots the clerk, both can face first-degree murder charges and the same penalties as a premeditated killing. A handful of states have narrowed or abolished felony murder, but it remains the law in most jurisdictions.
Federal First-Degree Murder
Most murders are prosecuted under state law. Federal jurisdiction attaches in specific situations: killings on federal property such as military bases or national parks, killings on tribal land under the Major Crimes Act, killings of federal officials or foreign diplomats, and killings that cross state borders.
The federal menu is short. Death or life in prison, and nothing else, except in the child-victim scenario noted above where a 30-year minimum can apply. There is no room for a shorter fixed term on a straight federal first-degree murder conviction.
Juvenile Offenders
If the defendant was under 18 at the time of the killing, different rules apply. In Graham v. Florida, the Supreme Court held that life without parole for a juvenile in any non-homicide case violates the Eighth Amendment.6Justia US Supreme Court. Graham v. Florida, 560 US 48 (2010) Two years later, Miller v. Alabama ruled that mandatory LWOP sentences for juveniles convicted of homicide are unconstitutional.7Justia US Supreme Court. Miller v. Alabama, 567 US 460 (2012) In 2016, Montgomery v. Louisiana made Miller retroactive, opening the door to new sentencing hearings for people already serving mandatory LWOP for crimes committed as minors.8Justia US Supreme Court. Montgomery v. Louisiana, 577 US 190 (2016)
A judge can still impose LWOP on a juvenile after an individualized hearing that considers age, character, life circumstances, and capacity for change, but only in rare cases. Twenty-eight states and the District of Columbia have gone further and banned juvenile life without parole outright. In those jurisdictions, a minor convicted of first-degree murder will eventually reach parole eligibility, though the wait can be long.