Here is the definition I found:

It is first degree murder to kill another by poison, lying in wait, imprisonment, starving, or by any willful, deliberate, and premeditated killing, or in the commission of, or attempt to commit, arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary, or abduction.

I read that as allowing for some room outside of premeditation. Lying in wait could possibly be proven. I also believe the bar for premeditation is pretty low in that the act of planning the murder can occur almost immediately before the murder itself. I’d also like to think they would have pretty significant evidence prior to filing charges. I don’t believe the jury would have the ability to convict of a lesser charge so again I’d hope the da wouldn’t risk the conviction by overcharging him (see George Zimmerman)

Just my non-lawyer two cents.

[Post edited by Hoojack at 12/14/2017 6:28PM]

In response to this post by Cold Hoober Hoo

Posted: 12/14/2017 at 6:15PM

So now James Fields is going on trial for first degree -- Cold Hoober Hoo 12/14/2017 5:25PM

Was he charged with anything else? -- ConnHoo 12/14/2017 9:49PM

Originally he was changed with second degree ** -- Cold Hoober Hoo 12/15/2017 06:42AM

I think there are 10 charges ** -- hoothat 12/15/2017 12:15AM

Other news Jason Kessler popped out of his hole for the hearing today ** -- Mg234 12/14/2017 7:38PM

Here is the definition I found: -- Hoojack 12/14/2017 6:15PM

Thanks. I find it hard to believe premeditation because -- Cold Hoober Hoo 12/14/2017 7:00PM

Think they are going with the people he was meeting with beforehands -- Mg234 12/14/2017 7:37PM

They better be sure the case is that good. A -- Cold Hoober Hoo 12/14/2017 8:02PM

They can ask the judge to submit the lesser included offenses -- KCHoo 12/14/2017 8:15PM

Curious, is that a Virginia thing? -- Hoojack 12/14/2017 8:33PM

It’s a state by state thing. But some charges are lesser included -- KCHoo 12/14/2017 8:41PM

Thanks. ** -- Hoojack 12/14/2017 8:42PM

That’s good, thanks ** -- Cold Hoober Hoo 12/14/2017 8:17PM

That’s my worry. I also struggle to see how lying in -- Hoojack 12/14/2017 7:12PM

He was seen away from the scene and then came back into it in the car. ** -- Mg234 12/14/2017 7:37PM

I’m rooting for 1st degree and am of the opinion -- Hoojack 12/14/2017 7:51PM

I like State Sanctioned Executions but we wont be that lucky ** -- Mg234 12/14/2017 8:13PM

Here is the definition I found:

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