Homicide means the act of one person killing another. Murder, on the other hand, is when someone unlawfully kills another person with the intention to harm beforehand.

So, homicide is like the big category that covers various situations where one person causes another's death, including cases like self-defense or accidental killings, which are called manslaughter. Whereas murder charges fall under the umbrella of homicide—it's a specific type of homicide.

In simple terms, when determining the homicide vs murder question; murder is homicide, but not all homicides are considered murder. Murder falls under the category of homicide. It's the most serious form of homicide because it involves someone intending to cause harm and breaking the law in doing so.

Here's a simplified breakdown of the difference between murder and homicide:

Murder:

• What is it: This is when one person intentionally kills another person.
• Always a crime: Yes, it's against the law.
• Intent required: Yes, the person meant to cause the death.
• Different degrees: Yes, there are levels of severity.
• Can it be justified: Usually not, unless it's in self-defense.

Homicide:

• What is it: Any killing of a human by another human.
• Always a crime: Not necessarily; it depends on the circumstances.
• Intent required: Not always; it might not be intentional.
• Different degrees: No, but there are various types of homicide, like murder, manslaughter, and self-defense killings.
• Can it be justified: Sometimes, especially in cases of self-defense.

The key distinction lies in the legal classification and intent, clarifying the difference between homicide and murders.

Homicide

The term "homicide" covers all instances where one person causes the death of another. This includes situations where someone fails to act and that leads to someone else's death.

Homicides can be seen as:

• Justified: This happens when someone kills another person to protect themselves, like in self-defense.
• Planned and intentional: When someone carefully plans and carries out the killing.
• Result of reckless behavior: When someone acts without caring about the potential harm they might cause.
• Unintentional: When someone didn't mean to cause harm but their actions still led to someone's death.
• Due to negligence: When someone fails to fulfill their duty of care and it results in someone's death.

In many states, there aren't separate laws specifically for homicide. Instead, there are laws against different types of homicide, like murder or manslaughter.

Murder

When someone intentionally kills another person with malice aforethought, it's called murder. This is a type of homicide, is against the law, and is considered one of the most serious crimes.

You're acting with malice aforethought when you either:

1. Have the clear goal of killing someone.
2. Show that you don't care about whether someone lives or dies.

In many states, there are different categories for murder charges. Typically, these categories boil down to two main degrees, which depend on whether the act was planned in advance - premeditated - or not.

Additionally, most states have specific laws for felony murder cases. It's important to understand that all these categories fall under the umbrella of homicide.

First Degree Murder

In the eyes of the law, first-degree murder is the most serious form of taking someone else's life. Murder is when a person intentionally kills another person, with clear intentions and planning beforehand.

Imagine you're considering different options before deciding to harm someone. If you plan out the act, prepare an escape route, wait for the right moment, or gather weapons in advance, these are signs of premeditation or deliberation.

In some places, like many states in the U.S.first-degree murder can be capital murder, which is punishable by the death penalty.

Second-Degree Murder

Second-degree murder is when someone purposely kills another person with the intention of doing harm, but they didn't plan it out beforehand or think about it carefully.

This type of murder is usually considered less severe than first-degree murder.

Felony Murder

Felony murder is a serious offense addressed differently in various state laws. It happens when someone is killed while a dangerous felony is being committed.

Importantly, felony murder doesn't require prior planning or intent to harm. As long as the death is linked directly to the felony, it falls under the category of felony murder.

Penalties

The consequences for a murder conviction are among the most severe you might encounter. In certain states, being found guilty of first-degree murder can even result in the death penalty. Penalties vary depending on the severity of the crime and the state laws.

For instance, in Colorado, first-degree murder is punished by life imprisonment. Furthermore, if the victim is a peace officer, firefighter, or emergency medical services provider engaged in the performance of his or her duties, you cannot legally be granted parole (other than by a Colorado governor’s pardon).

When it comes to felony murders, they are categorized into first- and second-degree offenses.

In California, murder convictions carry:

• life in prison without parole or capital punishment (the death penalty) for first-degree murders with special circumstances,
• 25 years to life in prison for all other first-degree murders, and
• 15 years to life in prison for second-degree murder.

Penalties for murder convictions vary by state, and can differ based on how serious the crime is and the specific laws of the state where it happens.

Manslaughter Charges

Facing manslaughter charges means being accused of unlawfully causing someone's death without planning or intending to do so. Manslaughter is a type of homicide, which covers various forms of unlawful killing.

There are two main categories of manslaughter:

1. Voluntary manslaughter: This occurs when someone causes another person's death intentionally but without premeditation or planning.
2. Involuntary manslaughter: This happens when someone unintentionally causes another person's death, often due to recklessness or negligence.

These distinctions are important in legal proceedings, as they determine the severity of the charges and potential consequences.

Voluntary Manslaughter

Voluntary manslaughter is when someone intentionally kills another person without planning it beforehand. It's often referred to as "heat of the moment" manslaughter because it occurs when a person decides to kill someone suddenly, without premeditation.

Since there's no prior planning or intent to harm, voluntary manslaughter usually results in less severe punishment if convicted. In California, for example, the sentence for voluntary manslaughter can range from 3 to 11 years in prison.

And in Colorado for example, punishment for manslaughter can be anywhere from 2 to 6 years in prison (followed by 3 years mandatory parole) and a fine as high as $500,000, depending on the circumstances.

You can plainly see the difference in punishment from one state to another.

Involuntary Manslaughter

Involuntary manslaughter - also a type of homicide - occurs when someone unintentionally causes the death of another person due to criminal negligence or reckless behavior that shows a disregard for human life.

One common example of involuntary manslaughter is when a person drives under the influence of alcohol or drugs and causes a deadly car accident. This is often referred to as vehicular manslaughter.

Unlike other more severe forms of homicide where there is intent to harm, involuntary manslaughter involves no premeditation or intent. As a result, the penalties for involuntary manslaughter are typically less severe.

It's important to understand that even though involuntary manslaughter is considered the least serious type of homicide, it is still a felony offense and not a misdemeanor.

Common Legal Defenses to Homicide and Murder

One strategy is self-defense. If you believe you were in imminent danger of bodily harm and had to use force to protect yourself, it might be considered justifiable homicide. However, you must use only the necessary amount of force. If successful, this defense can lead to an acquittal.

Another defense is lack of intent. Law enforcement must prove beyond a reasonable doubt that you intended to commit the crime. If evidence shows the killing was accidental or happened in the “heat of the moment,” it can weaken the prosecution's case.

Many criminal defense attorneys often use evidence of unintentional killing to secure favorable outcomes like acquittals or plea bargains.