It is understandable that many people do not know the intricacies of different legal concepts. One example is the difference between manslaughter and murder. If you have been charged with any type of homicide, it is important to call an experienced homicide defense attorney. You can do so by calling Chambers Law Firm at 714-760-4088. In the meantime, you can keep reading to learn the difference between the two.
The Basic Difference Between the Two
Manslaughter refers to unlawfully killing a person without malice. On the other hand, murder involves wrongfully killing a person with malice. In most jurisdictions, malice (or malice aforethought) refers to intentionally committing a crime or acting with conscious disregard for the lives of others.
The Two Main Degrees of Manslaughter
There are actually several types of manslaughter charges, but two main categories: voluntary and involuntary. Voluntary refers to killing someone in the heat of passion, a sudden fight, or another situation in which the defendant acted at the spur of the moment. Involuntary manslaughter involves killing someone while committing another illegal act or acting without regard for the lives of others.
The Two Main Degrees of Murder
Likewise, there are two degrees of murder. They include first-degree and second-degree. First-degree murder involves a person killing someone deliberately, with meditation, or while lying in wait for them. Second-degree murder involves killing someone intentionally but without thinking about or planning it before it occurred.
Punishment for Murder and Manslaughter
A person convicted of first-degree murder can face the death penalty, life in prison or 25 years or more in prison. Second-degree murder can lead to up to 15 years in prison, or more if sentencing enhancements apply.
Voluntary manslaughter is a felony crime that can result in three, six, or 11 years in prison. It also counts as a strike under the Three Strikes Law. Involuntary manslaughter is also a felony and can result in two, three, or four years in county jail. In some cases, a person who is convicted of involuntary manslaughter can serve part of their sentence on county probation.
Both murder and manslaughter convictions come with significant fines.
Defense Options for Manslaughter and Murder Charges
The best defense option will depend on the facts of your case. Ideally, we will work to have the charges dropped. We might do this by showing that there is not enough evidence or that the evidence against you has not been lawfully obtained. We can also form a defense based on the facts of your case.
In some situations, there might be an unsurmountable amount of evidence. In that case, we will work to negotiate the best possible plea deal. Contact Chambers Law Firm now at 714-760-4088 to request a free legal consultation.
