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The Difference Between Manslaughter and Murder

Blog 2017 August The Difference Between Manslaughter and Murder
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The Difference Between Manslaughter and Murder

Posted By Stepniak & Park || 2-Aug-2017

If someone is killed as a result of another’s actions, most people might generally consider this act a murder, but the law is not quite as straightforward. An individual can face either murder or manslaughter charges, both of which can result in some serious penalties. However, there are many distinctions between them and varying degrees of each crime. Murder is considered the more serious of the two since and carries much harsher sentences, including the death penalty.

Defining Murder

The law defines murder as an intentional killing that is both unlawful and committed with malice aforethought. This second element is not limited to intentional killings, but can also exist if a killer intentionally causes bodily harm that results in the death of another, or acts in a way that shows disregard for life.

First Degree Murder

When a killing is deliberate and premeditated, this generally qualifies as first degree murder. A killer would have had time to reflect on his or her actions and plan the act. For example, if a person poisoned another individual’s tea with the intent to kill, this would be a premeditated act of murder. In Florida, prosecutors are required to prove a defendant’s intent to kill.

If a defendant committed a homicide during a felony, such as a kidnapping or a robbery, the state can also proceed with a first degree murder charge, even if the defendant did not personally perform the homicide. A prosecutor need only prove that the defendant participated in the felonious act that led to the victim’s death. First degree murder is a capital felony and, if convicted, one might face the death penalty as punishment.

Second Degree Murder

Second degree murder is the intentional killing of another without premeditation. While this degree of murder does not require a premeditated plan, it must show the killing was committed as an act of impulse with malice aforethought, was a result of an intent to commit bodily harm, or was an act of depraved indifference to human life. To commit second degree murder with malice aforethought does not require a plan or premeditation, but rather an intent to kill in that moment. In Florida, the state can request a term of life imprisonment for second degree murder.

Third Degree Murder

Florida is among some of the few states that uphold third degree murder classification, which is defined as the unintentional killing of an individual during a non-violent crime. It is considered the least malicious homicide charge. If convicted, one might face 10 to 15 years in prison.

Defining Manslaughter

Unlike murder, manslaughter is the unlawful killing of another without malice aforethought, intent to kill, or reckless disregard for life. Depending on a defendant’s mental state, manslaughter can be considered voluntary or involuntary.

Voluntary Manslaughter

Voluntary manslaughter is an intentional killing in which a defendant was provoked by certain circumstances that triggered anger, rage, fright, or desperation and is generally thought of as a “heat of passion” homicide. In such cases, a prosecutor would have to prove the defendant’s provocation and intent. Florida prosecutes voluntary manslaughter as a second degree felony, possibly carrying a term of 15 years in prison. If committed against a child or elder, the state will treat the offense as a first degree felony, increasing the maximum penalty to 30 years in prison.

Involuntary Manslaughter

Involuntary manslaughter is the unlawful killing of another human being without intent or malice aforethought. It is generally described as a reckless act that leads to an unintentional killing. For example, if a defendant was driving while intoxicated, resulting in the unintended death of an individual, this would be considered involuntary manslaughter. For a prosecutor to prove this, three elements must be shown, including whether or not the defendant took a human life, if the act exhibited a dangerous disregard for others, and if the defendant was in a mental state that allowed him or her to understand such conduct was a threat to others.

Daytona Beach Criminal Defense Attorney

If you are facing serious criminal charges, you need to contact an experienced criminal defense attorney as soon as possible. At Law Offices of Robert Stepniak, we have handles cases from all across Central Florida and are prepared to defend you. From our main office in Daytona Beach to our satellite offices in Deland and Palm Coast, we have the experience, knowledge, and skill that is required to effectively handle even the most serious cases.

If convicted, these crimes can lead to some particularly devastating consequences, but with our Daytona Beach legal team on your side, you can significantly reduce your risk of a conviction. Do not put your future at risk. Hire an attorney with a reputation for securing favorable deals and decades of combined legal experience.

Call us today at (386) 253-4750 to schedule a free consultation.

Categories: Criminal Defense, Criminal Law

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