People often talk about homicide and murder as if they are the same thing. And both are used to describe the death of one person at the hands of another. Legally, though, they are very different. 

The term homicide implies that one person is responsible for another’s death. Sometimes, such as in self-defense cases, it may not even be illegal. These cases are often called justifiable, excusable or non-criminal homicide. 

The primary factors in how one will be charged are the intent and the circumstances.

Homicide by degrees of severity 

Murder is always illegal homicide. It implies?and the prosecutor will attempt to prove?that the defendant not only committed the crime, but acted with malicious intent or criminal negligence (guilty act, guilty mind). Homicide is further classified by degree:

First-degree murder: Is pre-meditated?committed with “cruelty aforethought.” In some states, even unintentional murder may be charged as first-degree if it occurred during a crime like rape, kidnapping, robbery, or arson. 

Second-degree murder: Is caused by dangerous acts or conduct. 

Manslaughter: Can be voluntary or involuntary homicide.

  • Voluntary manslaughter is the intentional, yet spontaneous killing of another. For example, killing someone in the “heat of passion.”  Note that you can not just claim passion?the situation leading up to the death must be one that would emotionally or mentally unhinge a reasonable person. Some states use the term third-degree murder. 
  • Involuntary manslaughter is sometimes called criminally negligent homicide. It is usually the charge if you unintentionally kill someone through an unlawful or reckless act. For example, causing a fatal car accident while driving under the influence of drugs or alcohol is criminally negligent homicide. You can also be charged with involuntary manslaughter if someone dies because of your high level of negligence in performing a lawful act. 

The consequences of a conviction are significant

Murder draws the most serious punishment, because society regards it as its most terrible crime. A conviction may result in a lengthy prison sentence. 

If you do receive less than a life sentence, when you get out you may find it very difficult to get a job or find a place to live. You will also have lost some of the basic rights of citizenship, such as the right to vote and own a gun.

Skilled criminal defense is essential for any legal issue, it is smart to retain an attorney experienced in defending those accused of homicide. But it is absolutely essential when you need a criminal defense attorney ? particularly when going up against a murder charge.

You need a criminal defense attorney who will:

  • Make an effective argue for dropping of or reduction of charges
  • Investigate every aspect of the case
  • Challenge prosecutor’s evidence
  • Negotiate for a plea if appropriate
  • Obtain for bail 
  • Strategize jury selection
  • Be prepared to fight vigorously in court

And, if you are found guilty:

  • Present mitigating factors that might reduce your sentence
  • Appeal your case
  • Represent you at parole hearings

If you’ve been charged with murder, contact our criminal defense attorneys for an immediate review of your case.

The Berkman Law Office, LLC serves clients throughout Brooklyn, Queens, The Bronx, Staten Island, Manhattan, Nassau County, and Westchester County NY. As well as clients in New Jersey.

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