If you have been accused of causing another person’s death, knowing the difference between homicide, murder, and manslaughter is crucial to understanding the potential penalties you face if convicted. California prosecutors are known for their aggression when it comes to charges in such cases.
In general, there are three ways to describe one person killing another: homicide, murder, and manslaughter. Though these are often used interchangeably, when it comes to the law, they are very different.
Homicide, Murder, and Manslaughter: Understanding Criminal Charges
When determining how a person will be charged with the death of another, it’s important to understand that homicides are usually prosecuted by the state and not federally. Each state will have a different set of penalties and classification. However, if a murder or manslaughter occurs during a separate federal crime, then it becomes a federal violation and will be prosecuted as such.
Understanding the differences among these can help you understand your next steps if you are charged with a crime involving another’s death.
- –Homicide. Homicide is a weighted term, but it is basically the killing of one person by another. It doesn’t necessarily mean that the death is illegal. For instance, if one person kills another in self-defense, it is legally a homicide but is not a crime. However, it is used as an umbrella term in the court system; murder and manslaughter are types of homicide charges. Homicide crimes may be classified into several offenses of varying degrees based on the defendant’s intentions, motives, and method of carrying out the homicide. It’s also important to understand that homicide as a crime can be from someone’s inaction that resulted in another’s death as well as an act that caused that death.
- –Murder. Murder is homicide in which the defendant intentionally takes another person’s life without legal justification. Though the term sounds all-encompassing, there are degrees of murder that suggest its severity – both in the charge and its subsequent punishment. Murder in the first degree, murder in the second degree, and aggravated murder are all Class A-1 felonies punishable by 15 to 40 years or life in prison without parole.
- –Manslaughter. Manslaughter is a form of homicide in which the defendant unlawfully and unintentionally causes the death of a person through recklessness, negligence, or a “crime of passion.” Defendants charged with this crime are considered to have acted in a mental state of lesser culpability because they did not intend to kill the victim and, therefore, typically incur less severe penalties. Finally, vehicular homicide can be charged if a defendant causes the death of a person while driving under the influence of drugs or alcohol, violating traffic laws, or driving without a valid driver’s license.
Keep in mind that in all these situations, there are degrees of severity. Because of this, the courts have discretion in sentencing. However, in some situations, the judge may be legally required to force certain people to serve maximum sentences. This is called mandatory minimum sentencing. If a jury finds the defendant guilty of the crime, then the judge is forced to give a minimum sentence that can far outweigh the crime.
Consider the recent case of truck driver, Rogel Aguilera-Mederos, who killed four people when his brakes failed. The case gained national attention due to the extensive sentence, 110 years in prison – a sentence the judge had no choice in issuing. The mandatory sentencing was so far afield from the crime that public outcry forced the court to eventually change the sentencing. The governor intervened and commuted the sentence from 110 years to 10 years.
If you’ve been charged with the death of something, contact the criminal defense attorneys at the Law Offices of Robert Tsigler to determine the best strategy for fighting against your charge.
FAQs About Difference Between Homicide, Murder, and Manslaughter
What Is Worse: Homicide, Murder, or Manslaughter?
Homicide refers to all criminal offenses involving a person’s death and therefore encompasses both murder and manslaughter. Murder is the most serious type of homicide because it involves intentional killing. Manslaughter is considered less severe than murder, but manslaughter charges are also felonies, and a conviction is punishable by decades in state prison as well as substantial fines.
What Is an Example of Murder?
Murder encompasses many types of crime. While people often think of it as premeditated, a person doesn’t have to spend weeks planning another’s death. An example of murder would be a person kidnapping a victim and causing them to sustain a fatal wound when they try to escape.
What Is an Example of Manslaughter?
Manslaughter is a lesser charge than murder. An example of manslaughter would be participating in a bar fight that causes the other party to endure a traumatic injury that later results in death. Vehicle deaths are often charged as manslaughter.
Can I Be Charged With Murder for Defending Myself?
According to the New York Penal Code, a person can be justified in using physical or deadly force when protecting themselves or others from what they believe to be the imminent expectation of unlawful physical force. A person may legally use deadly physical force if they believe the threatening person is committing or attempting to commit a kidnapping, sexual assault, robbery, or other crime against a person or their home. However, the state’s “duty to retreat” mandates that a person take reasonable steps to mitigate the risk of sustaining harm before acting in self-defense with deadly force.
Serious Charges Require Expert Legal Representation
Homicide, murder, and manslaughter are the most severe criminal offenses you can face in New York, and you need an experienced attorney working on your behalf to achieve the best outcome in your case. At the Law Offices of Robert Tsigler, we can challenge the prosecution’s case against you by discovering exculpatory evidence proving your innocence or creating a formidable defense strategy that prevents them from meeting the necessary burden of proof for a conviction.
If the burden of proof is met, we can help you negotiate a plea bargain or reduced penalties during sentencing. Contact us today to discuss your case.
