Los Angeles Defense Attorneys

Murder Vs Manslaughter

In the legal world, there are distinctions in crime level for the different reasons that you may kill someone. The two main charges are murder and manslaughter, but there are even varying levels of heinousness within each category. Understanding the difference between murder and manslaughter is important when you are facing possible charges for killing someone.

Murder generally implies that the crime of taking someone's life was done intentionally, with possible planning beforehand. In this type of case, the prosecutor will have to prove prior intent, such as showing that the defendant purchased the murder weapon or made definite plans ahead of time.

Murder is divided into two different degrees, with one other associated crime. First degree murder generally fits the "in cold blood" description. It includes a large amount of planning for the killing, showing that it was very much premeditated and not an accident or crime of passion.
Also, especially cruel murders that may have involved rape or torture before death can also be considered as first degree murder.
Second degree murder is the level in between first degree murder and the first level of manslaughter. In this type of case, the killing must be shown to be intentional, yet there may not have been prior planning. It is not a crime in the heat of passion, yet there is some amount of recklessness that went into acting in a way that caused someone else's death.

When someone is killed in the process of a felony, this is called felony murder. Although the murder was not preplanned, it occurred during another serious crime, which increases its level of seriousness. For instance, if you are robbing a house and the owner walks in and you shoot him in a moment of panic, you can still be charged with felony murder.

Manslaughter is generally associated with accidental killing, although there are are two levels: voluntary and involuntary. Voluntary manslaughter is usually used in conjunction with crimes in the heat of passion, or a death caused with provocation. It is intentional killing without the prior intent to kill, like second degree murder.

On the other hand, involuntary manslaughter is a crime that is considered the most accidental of both murder and manslaughter. Involuntary manslaughter occurs when you kill someone without prior deliberation or intention and without acting in passion or in a state of mental illness. For example, if you decide to drink then drive, then crash into someone, you can be charged with a form of involuntary manslaughter.