Difference Between Murder and Manslaughter

Answer:

One thing that we’re often asked by clients and folks that are genuinely inquisitive about law, particularly as it relates to homicide, is what the difference is between murder and manslaughter. Murder and manslaughter are both homicides. Homicide is the death of a human being by the hands of another human being. Manslaughter or murder are the criminal prescriptions that are given, where criminal liability is imputed to homicide. You could have committed homicide and still face no charges. Murder and manslaughter differ in the fact that, generally, to commit murder, you have to have malice. There has to be some intent to do so— a felony murder or a wanton disregard for the sanctity of human life. There are things that play into it. Whereas manslaughter typically involves negligent homicide. There are additional factors. We would urge you sit with an attorney because it’s going to vary from case to case. There’s a spectrum of things in homicide, from intentional murder with malice and forethought, down to negligent homicide, down to manslaughter. This is all important because of the sentencing ranges. Some sentencing ranges go down to four, five, six years. Some of the higher end murder charges could involve a sentence of death. You want to sit and talk with a lawyer if you or a family member has been charged with this. A lot of times, prosecutors will charge with a lesser charge included— if not murder than manslaughter. You want to sit and talk with your attorney to make sure that you are fashioning the case in such a way to where you can address the higher end stuff and the lesser included charges. Call an attorney, if it’s for you or your family member, and discuss the facts of your case so that the best possible outcome can be achieved for you.