Choose Legal Counsel To Understand Different Types Of Homicide Degrees

If you have in mind that every state in the USA has different types of homicide classification, it is challenging to determine the general idea on degrees. Of course, some things are the same for each state, and that is a classification that differentiates three types of homicide degrees:

  • Murder
  • Manslaughter
  • Justifiable Homicide

It doesn’t matter which circumstances were responsible for the outcome, and a homicide means taking a human life. Therefore, you should seek legal representation that will guide you through the entire process for your specific case.

Murder

We can differentiate between two types of murders.

  • First-Degree Murder – It is the most severe of all charges when it comes to homicide, and it is specific for situations where accused side planned the killing with the conscious intention for the victim to die by his/her action. The most famous case of first-degree murder includes O. J. Simpson, Charles Menson, and Scott Petersen among many others. These cases are usually heinous crimes, and therefore the punishment is the biggest for this particular cases and convictions. In most states, people that get first-degree murder conviction will face life in prison and even the death penalty.
  • Second-Degree Murder – This particular distinction of murder is reserved explicitly for cases where court and prosecution cannot prove that killer had planned the killing, but still the victim died because of accused and his/her’s actions. One of the most famous examples of a second-degree murder charge is Phil Spector from California. You should have in mind that situation where second-degree murder charges arise have a description such as crimes of passion. In some states, individuals will be able to face life in prison without the possibility of parole, depending on specific circumstance and laws of the state.

Manslaughter

The primary charge of manslaughter is when accused haven’t planned intentionally to commit a crime, but still, the victim died because of his/her’s actions. This particular charge is in most cases unexpected circumstances where someone died due to a specific event that happened.

For example, one of the most prominent examples of manslaughter charges is of Conrad Murray, who was Michael Jackson’s doctor. According to the history of sentences, people who get a conviction for manslaughter will get years based on the circumstances and state laws where the murder happened.

We can differentiate two types of manslaughter:

  • Voluntary Manslaughter – Law officers call this particular crime as the heat of passion crime. It happens when a person gets provoked under reasonable circumstances, and if he kills due to the provocation that occurred. For this particular type of crime to happen, a person must prove that he/she didn’t have a sufficient amount of time to “chill” from provocation. If you don’t prove that you did something impulsive, the court will consider it as first or second-degree murder. The idea is that you may kill intentionally, but with an emotional context as an essential factor that will reduce the blame. The primary example of voluntary manslaughter involves a husband who finds a wife committing adultery. The sight of this particular affair can provoke him to enter the heat of passion and to murder. Click here to learn more about it.
  • Involuntary Manslaughter – It refers to unintentional homicide from reckless and criminally negligent conduct. At the same time, it could mean that the person wanted to commit a felony and accidentally stroke someone and the person died. The difference between manslaughter and murder reach the peak with this particular type of involuntary manslaughter. That is because the defense has to prove that the accused didn’t have the intention to commit a murder. If you don’t succeed in that, you will get second-degree murder charges instead.

Justifiable Homicide

Justifiable homicide is a specific situation that depends from state to state. It requires a particular circumstance where the accused killed another person in self-defense or due to similar activities. It is not a legal charge, but a classification so that authorities can register this particular event based on the specific situation.

You have probably heard about the case of Ann and Jim Tatum as the primary example of justifiable homicide situation. Due to regulations, no one has filed criminal charges afterward.

Check this website: https://www.legalmatch.com/law-library/article/justifiable-homicide.html to get mroe information on justifiable homicide.

Sentences For Homicide

When it comes to first-degree murders, sentencing is quite straightforward. Some areas have capital punishment such as the death penalty, but in other areas where the death penalty is prohibited, the accused will get life in prison with no possibility of parole. The best thing that the accused could get is the ability to get parole after 25 years. The calculation for 25 years starts from the point when the accused has been arrested.

It is essential to understand that if you murder a police officer on duty or any other law personnel, it is automatically the first-degree charge even if it was deliberate and not planned. On the other hand, if you murder someone due to forced confinement or sexual assault, that will become a constructive first-degree murder.

Second-degree murder means that you killed someone, but your actions caused it and you still had some intent. The sentencing ranges from a life sentence without parole to the possibility to get parole in 10 years after confinement. Of course, specific circumstances and context are essential in determining these mitigating factors.

If you have served a first degree or a second-degree murder sentence, you will have to report to a parole officer for the rest of your life. It is essential to follow these regulations because if you fail to deal with these requirements, you will go back to jail.

If you have conducted an illegal act that caused the death of some individual, you will get manslaughter charges. Even though the person has died, the idea of manslaughter is that you didn’t have an intention to cause death. The sentencing options for manslaughter depend on circumstances, and there is no minimum sentence.

You will be able to get anything from probation to life in jail. In most cases, individuals that get manslaughter charges will serve in medium range penitentiary between seven and fifteen years.

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