First Degree Murder is the most serious. Most often, first degree murder is categorized as "deliberate" - that is, the defendant made a clear headed decision to kill the victim - and "premeditated" - the defendant actually thought about the killing before it occurred (the period for this can be very brief).
Some states consider killings committed in specific ways to be first degree murder. Although these vary by state, they can include killing by poison, by lying in wait, and by torture.
First Degree Felony Murder - A killing that happens during the course of the commission of a felony, even if the death is accidental, will be considered "felony murder" by most states. However, if the killing happens during certain felonies, again determined by state, it will be considered "first degree felony murder". The felonies most often included in this category are arson, robbery, burglary, rape, mayhem and kidnapping
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