Homicide is the killing of one human by another. Using this definition, homicide is not always a crime. Killings that occur against combatants in wartime, court ordered death penalty executions and killing in self defense are not considered criminal offenses.
Homicide is a criminal act when the killing is the result of malicious, intentional, reckless or negligent behavior against another person. Homicide is also a criminal act if the killing occurred during the commission of another felony. Criminal homicide is usually divided into two categories, which in turn are defined by their severity or degree:
- murder
- manslaughter
Murder is a more serious crime than manslaughter, and the lower the numerical degree that is assigned the more severe the charge is. As an example, murder in the first degree is more serious than murder in the second degree and carries stiffer penalties.
Abortion can also be a type of homicide, depending on state law, when the abortion was carried out during the pregnancy and if the abortion was voluntary on the part of the mother.
Premeditation
Most states define first degree murder as a homicide with planned, malicious intent to cause death. Depending on the state, first degree murder can also include the killing of a law enforcement officer or a killing that occurs during the commission of another felony. First degree murder is generally the phrase used to define the most serious murder offense. Murders that occur, even accidentally during a crime are also known as felony murder.
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Second degree murder is when the murderer had the malicious intent to cause death but the element of pre-planning or premeditation is missing.
Manslaughter
Manslaughter can be voluntary or involuntary. It is usually defined as a death that was caused by another human being, but without the forethought and intention to kill that is found in murder. Manslaughter is often the result of negligent or reckless behavior, such as killing a person while you are driving under the influence of alcohol.
Crimes of passion or a death that occurs during the commission of a misdemeanor are considered first degree manslaughter in some states.
Get Legal Help
If you or someone you love has been charged with any type of homicide related crime, even if you think it was entirely justifiable or committed in self-defense, do not answer any questions without representation by a criminal defense attorney. You can be polite yet firm in requesting your right to speak to an attorney. Homicide is a serious crime that carries extremely serious penalties; in some states your life may be on the line. You need an attorney to protect your rights.
