Murder vs. Manslaughter: What's the Difference?

Facing criminal charges after a person’s death can be confusing and frightening. We often hear the terms murder and manslaughter, but what do they actually mean? Understanding them and their differences is essential when dealing with homicide charges.

If you’ve been accused of murder or manslaughter, you’ll want to speak with a qualified criminal defense attorney as soon as possible. They can help protect your rights and build the best defense strategy for your case. Your defense lawyer may also negotiate a plea deal with prosecutors to reduce your charges or penalties.

In this article, we examine and explain the main differences between murder and manslaughter, including potential penalties for both. We’ll also discuss common legal defenses used to challenge these types of charges.

Let’s start with the basics.

The Legal System

In the United States, state law governs most murder and manslaughter cases. While it’s possible that these offenses may fall under federal jurisdiction, it’s rare for them to do so. With that in mind, the subject of our discussion will be the vast majority of murder and manslaughter cases that are prosecuted at the state level.

State laws can vary. Each state’s penal code defines and penalizes crimes differently. In some states, like Texas or Florida, certain murder convictions could mean the death penalty. Other states, like New York and Michigan, don’t allow capital punishment. Despite these differences, we’ll focus on shared principles behind the states’ handling of homicide cases.

What Is Homicide?

Homicide is the killing of one human being by another. Not all homicides are crimes. For example, a police officer may use force in the line of duty and cause a death. If it occurred within the parameters of law enforcement’s jurisdiction, it may not result in criminal charges.

When a homicide is unlawful, it becomes either murder or manslaughter. Some states use terms like unlawful killing to describe when someone causes the death of another person without legal justification. Whether an unlawful homicide is murder or manslaughter depends largely on the person’s state of mind at the time of the crime.

Murder

Murder is usually an intentional killing with “malice aforethought.” This means the person acted with a dangerous or reckless mindset, knowing their actions could cause death or serious bodily harm. It often involves malicious intent, where the person wanted to hurt or kill someone out of anger, revenge, or cruelty.

Most U.S. jurisdictions classify murder into degrees. Let’s examine these degrees of murder below.

First-Degree Murder

First-degree murder is the most serious charge. It involves premeditation, which means the person thought about the killing ahead of time. It may also include special circumstances like killing a police officer or felony murder.

Felony murder is when someone dies during the commission of a dangerous felony, like burglary or arson. Everyone involved in the underlying felony can face first-degree murder charges even if they didn’t directly cause the person’s death. Punishments for first-degree murder can include life imprisonment or even the death penalty in some states.

Second-Degree Murder

Second-degree murder is often still an intentional act with malice aforethought but lacks premeditation. It might happen in a sudden rage or with reckless disregard for human life.

For example, shooting a gun into a crowd without aiming at anyone specific could lead to second-degree murder charges. Life sentences or lengthy prison sentences are typical punishments for second-degree murder. Some states take a broader approach by defining specific acts as first-degree murder and then using second-degree as a catch-all for unlawful killings that don’t qualify for the highest charge.

Third-Degree Murder

Some states recognize third-degree murder. However, most jurisdictions treat those cases as manslaughter.

Manslaughter

Unlike murder, manslaughter is an unlawful killing without malice aforethought. We commonly see manslaughter charges when there was no plan to kill, but someone’s actions still led to a person’s death.

State criminal laws tend to group manslaughter charges into two categories. We review both in the following discussion.

Voluntary Manslaughter

Voluntary manslaughter happens when someone kills in a “heat of passion,” with no planning. For example, let’s say someone catches their partner in an act of betrayal and, without time to cool off, reacts by killing someone.

The state of mind is one of intense emotion, not cold intent. It’s still an intentional killing, but the emotional state reduces it from murder to manslaughter. Depending on the specifics, a voluntary manslaughter conviction typically results in a prison sentence of about three to 15 years.

Involuntary Manslaughter

Involuntary manslaughter occurs when someone causes a death through criminal negligence or reckless disregard for life. While there’s no intent to kill with involuntary manslaughter, death is a likely outcome of the person’s actions.

For example, someone who left an unattended child in a hot car would likely be charged with involuntary manslaughter if the child died. This is because the law regards such conduct as gross misconduct or criminally negligent if a reasonable person would have behaved differently under the circumstances.

Vehicular manslaughter is another type of involuntary manslaughter. We often see it tied to driving under the influence (DUI). A drunk driving incident that results in a fatal crash could lead to vehicular manslaughter charges. Involuntary manslaughter convictions often mean one to 10 years in prison.

Charges Are Not Convictions

Regardless of the jurisdiction, the prosecution must still prove each element of the offense to secure a conviction against you. They must do so beyond a reasonable doubt with admissible evidence.

This is no small task, and a skilled criminal defense attorney can be instrumental in identifying gaps in the prosecution’s case against you. They can help you understand the various defense strategies that might help you challenge the charges.

Legal Defenses

While you can certainly challenge the prosecution’s evidence as insufficient to prove the essential elements of your charges, your attorney will likely discuss additional defenses with you. Below, we briefly review some common legal defenses used in murder and manslaughter cases.

Defenses to Murder Charges

The availability of these and other murder defenses can depend on your state, as well as the facts in your case. Still, the following defenses are generally recognized:

• Self-defense/defense of others: The killing was necessary to protect oneself or another from imminent harm or death
• Insanity: Defendant was legally insane and unable to understand the crime or distinguish right from wrong
• Lack of intent/premeditation: There was no planning or intent to kill
• Alibi: Defendant was elsewhere when the killing occurred
• Provocation: Killing was a heat-of-the-moment reaction to serious provocation
• Unlawful evidence: Key evidence was obtained illegally and is inadmissible

Some of these defenses aim to justify the killing. Others are designed to excuse the defendant’s actions or show why the state should reduce the charges.

Defenses to Manslaughter Charges

Several defenses to murder charges may also be effective against manslaughter, but defenses against voluntary and involuntary manslaughter charges won’t always be the same. Some common ones are listed below:

• Accident/lack of recklessness: Death wasn’t caused by criminal negligence or reckless disregard for human life
• Intervening cause: A factor other than the defendant’s actions caused the death

Many defenses overlap, and you can assert multiple defenses as long as each is supported by legal reasoning in your case.

After determining the most effective strategy for your case, your attorney may raise certain defenses with the prosecution as a negotiating tool. They may strike a plea deal for reduced charges before trial. In some cases, they may be able to get evidence against you thrown out. It’s also possible that they can get the charges dismissed altogether.

Getting Legal Advice

It’s impossible to know exactly what approach an experienced defense lawyer will recommend in your case. Their role is to protect your interests, and they’ll strive to achieve the best possible outcome in your case. It is imperative, however, that you identify a trusted advisor sooner rather than later.

You can share the details with them confidentially. They can help you understand the full range of options available to you and help you determine the best way to proceed. A good match should have solid experience defending cases like yours and be licensed in the state where the charges are being brought against you.

If you aren’t quite sure where to start, you’re not alone. FindLaw has compiled a credible directory of criminal defense attorneys and made it publicly accessible. By clicking on your location, you can review ratings, experience, and other information for experts in your area.

An advocate who knows the system can be your most important ally right now. Enlist their help to ensure you’re making informed decisions at this consequential time.