Here is a murder situation, what do think will happen?

The accused is charged with open murder for the death of his girlfriend. They were drunk and arguing. He wanted to leave and reached for the phone to call for a ride. She picked up a knife and came after him. He picked up a chair and hit her hard enough to knock her out and she fell on the knife. The knife was found completely imbedded into her chest cavity, handle and all. His prints are not on the knife and the chair is broken into pieces.
Everyone is saying that he will get 1st degree murder? What do you think the charge will boil down to and why?

No, it didn't happen to me. It is a friend's parent.

To get murder, you have to prove it was premeditated or thought out. In this case he should be able to prove that it was an accident or self-defense. But since they were both drunk and fighting it may be hard to prove self defense. I think he could get involuntary manslaughter--not 1st degree murder. If he gets the 1st degree it has to be because all the evidence makes it look that way.

involuntary manslaughter. to prove first degree they have the have proof of a plan or premeditation, neither of which are in the story. Since there is strong proof to show that it was an accident, and he never even meant to really hurt her and was acting in self defense, i would say involuntary manslaughter

when people come on to you and get hit with a chair, they don't fall on their chest with their hands next to it.

At face value I would call it involuntary manslaughter but I would give him the maximum sentence

why? did this happen to you?

Unlikely scenerio, especially the knife buried in the chest deeply for her to have fallen on it, the crime investigators will be able to tell at the post-mortum if she was standing ,lying etc when stabbed and the likely hood of falling on the knife that way, but its highly unlikely it happend as suggested. if they can prove it didnt happen like he said then its definitely first degree murder even if not premeditated,because of his actions after the crime, and the striking with a chair then stabbing her which would rule out any sort of heat of the moment angle...Unless he could prove that his life was in immediate danger ,that she was going to cut him, not just holding the knife or making a drunken gesture with it, then he still could be charged with murder but likely 2nd degree as his assaulting her with the chair is felonious assault ,a felony,which directly resulted in her demise, any death caused during/by the commission of a felony is ,automatically a murder regardless of his intent..Id charge it as 2nd degree murder and let the jury sort it out,making sure they were directed as to the lesser offense as an option ,no sense not hedging your bets, in order to make the claim of self defense to go for involuntary manslaughter or less, the defendant would have to take the stand and admit to killing her ,either thru his story or the states claim he killed her intentionally. then its just a matter of ripping him apart for the jury and trying to get them to make the call you want.Anyone should be able to convict for 2nd degree without working up a sweat,and he still goes away for about 15-life or 10-25yrs depending on local.