Is It Murder or Manslaughter?
Criminal homicide is further broken down into three different categories: murder in the first degree, murder in the second degree, and manslaughter.
The difference between lawful and unlawful homicide is that the person who committed the murder did so with malice aforethought.
Malice aforethought means that the defendant charged with the murder displayed reckless disregard for human life and decided to kill or inflict deadly harm before committing the act that took the victim's life.
Murder in the first degree (also known as first degree murder) is the killing of another person that is deliberate and premeditated.
In order for the killing to be deliberate, the defendant must have willfully performed the action that killed the victim knowing that such an action would result in death or extreme bodily harm.
Premeditation is the willful choice made after careful thought to perform the action that resulted in the victim's death.
A premeditated decision to murder does not necessarily require a long period of consideration; a calculated decision to murder can often be reached in a very short amount of time.
If the jury finds that the defendant made a deliberate and premeditated choice to kill, then the defendant is found guilty of first degree murder.
Murder in the second degree is the malicious killing of another without deliberation or premeditation.
A killer who committed a harmful act without lawful reason or a just cause may be charged with second degree murder if the jury finds that the defendant committed the act without thoughtful consideration of his potential actions.
First degree murder and second degree murder both involve reckless disregard for human life and malice aforethought.
The main difference between the two is the lack of premeditation and deliberation.
Manslaughter (also called murder in the third degree) is the unlawful killing of another person without malice aforethought.
Manslaughter is classified as being either voluntary or involuntary.
Voluntary manslaughter is homicide that arises suddenly because of extreme provocation, such as a husband finding his wife with another man and killing that man in a blind rage.
The husband could be found guilty of voluntary manslaughter because he committed the homicide without thought, but controlled by extreme emotion.
Involuntary manslaughter is unintentional homicide as a result of carelessness or reckless disregard of potential risk to the life of another, such as a drunk driver who causes a collision that results in the death of another.
Criminal homicide is always a tragedy, and perhaps the offense that the legal system takes most seriously and punishes with the most severity.
If you have been charged with criminal homicide, you are facing very grave consequences, but your situation is not without hope.
Skillful defense attorneys can often be the difference between receiving the maximum penalty or a lesser sentence.
An experienced advocate is your greatest aid in defending your rights and freedoms.
The difference between lawful and unlawful homicide is that the person who committed the murder did so with malice aforethought.
Malice aforethought means that the defendant charged with the murder displayed reckless disregard for human life and decided to kill or inflict deadly harm before committing the act that took the victim's life.
Murder in the first degree (also known as first degree murder) is the killing of another person that is deliberate and premeditated.
In order for the killing to be deliberate, the defendant must have willfully performed the action that killed the victim knowing that such an action would result in death or extreme bodily harm.
Premeditation is the willful choice made after careful thought to perform the action that resulted in the victim's death.
A premeditated decision to murder does not necessarily require a long period of consideration; a calculated decision to murder can often be reached in a very short amount of time.
If the jury finds that the defendant made a deliberate and premeditated choice to kill, then the defendant is found guilty of first degree murder.
Murder in the second degree is the malicious killing of another without deliberation or premeditation.
A killer who committed a harmful act without lawful reason or a just cause may be charged with second degree murder if the jury finds that the defendant committed the act without thoughtful consideration of his potential actions.
First degree murder and second degree murder both involve reckless disregard for human life and malice aforethought.
The main difference between the two is the lack of premeditation and deliberation.
Manslaughter (also called murder in the third degree) is the unlawful killing of another person without malice aforethought.
Manslaughter is classified as being either voluntary or involuntary.
Voluntary manslaughter is homicide that arises suddenly because of extreme provocation, such as a husband finding his wife with another man and killing that man in a blind rage.
The husband could be found guilty of voluntary manslaughter because he committed the homicide without thought, but controlled by extreme emotion.
Involuntary manslaughter is unintentional homicide as a result of carelessness or reckless disregard of potential risk to the life of another, such as a drunk driver who causes a collision that results in the death of another.
Criminal homicide is always a tragedy, and perhaps the offense that the legal system takes most seriously and punishes with the most severity.
If you have been charged with criminal homicide, you are facing very grave consequences, but your situation is not without hope.
Skillful defense attorneys can often be the difference between receiving the maximum penalty or a lesser sentence.
An experienced advocate is your greatest aid in defending your rights and freedoms.
