Homicide is the most serious crime. Criminal homicide is the technical term for one person causing the death of another. There can be some confusion, however, about homicide offenses.
Some people may assume that all homicide crimes are similar. California recognizes several different types of criminal homicide. Prosecutors can pursue either manslaughter or murder charges. There are also subtypes within each type of offense. Murder and manslaughter charges carry vastly different consequences for a defendant accused of a criminal homicide.
What separates murder from manslaughter?
Murder involves malice
The most important factor differentiating murder from manslaughter is the intent of the accused person. Police officers and prosecutors look at the details of the situation, including the history between the people involved, as they determine what charges are appropriate.
An individual accused of voluntary manslaughter may not have intended to cause harm to others. If they face voluntary manslaughter, they may have experienced extreme emotions that temporarily impeded them; rational decision-making.
If they face involuntary manslaughter, the allegation is instead that the defendant caused a death unintentionally, often during the commission of a misdemeanor crime. Vehicular manslaughter charges usually follow a crash. The state may pursue misdemeanor charges in vehicular homicide cases, where the person accused likely had no intention of harming the person who died.
Murder charges are different. There are also two different subtypes of murder. The main consideration that unites them all is the intent to cause harm. A first-degree murder involves premeditation or prior planning. The other murder offense is second-degree murder. Unlike manslaughter, both first- and second-degree murder are always felony offenses.
Prosecutors have to establish that malice played into the crime to justify murder charges. From there, they look at other details of the situation to decide which murder charge to pursue. Murder charges carry more serious penalties and heightened social stigma than manslaughter offenses.
Both murder and manslaughter are serious violent crimes that can change the course of the accused person’s life. Understanding what separates these charges can help someone accused of criminal homicide prepare an appropriate defense.
