Among the most seriousness of crimes, homicide tops the list in most states. Though there are some less severe forms of homicide, others may lead to life sentences or capital punishment. While their cases are pending, people who are facing charges of one of the lesser forms of homicide crimes may be eligible for bail and can be freed. Generally, those facing the most serious classifications of homicide like first-degree or capital murder charges, may not be eligible for bail. Today, we at Ajua Bail Bonds would like to elaborate on the various types of criminal homicide.
The differences between homicide vs murder people often are confused by. Simply meaning the killing of another person is the legal term for homicide. Homicide can be viewed as an umbrella term that three main categories of homicide offenses fall under. Murder offenses are the most serious homicide offenses, followed by manslaughter offenses and justifiable homicide.
Types of Murders
Of the types of criminal homicide offenses, murder offenses are the most serious. With first-degree or capital murder as the most serious murder charges, murder has subcategories. When a person kills someone else after planning to do so, it is the situation where first-degree or capital murder is involved. With evil heart and planning, the conviction can potentially result in life in prison without parole or the death penalty. when a person did not plan to kill someone or intended to do so at the time the killing occurred, a person may be charged with second-degree murder, which is often referenced as a crime of passion. In cases where a person’s actions were reckless regarding the foreseeability of another person’s death, a second-degree murder also apply in some states. Even if that person did not intend to kill anyone, for instance, the person who drives at a high speed into a crowd might be charged with second-degree murder. A life in prison sentence can be the punishment if convicted, but the death penalty would not be applicable.
Manslaughter can be further divided into subcategories that include voluntary and involuntary manslaughter. Of the two, voluntary manslaughter is the more serious charge of manslaughter. When a person did not intend to kill someone else and did not plan to do so, voluntary manslaughter may be the charged in these situations in most jurisdictions. Involving some type of provocation that leads the person to react in such a way that the other person dies is how voluntary manslaughter gets charged. In some jurisdictions, involuntary manslaughter is when someone kills someone else without intent or planning while engaged, with a high degree of negligence, in a lawful or unlawful activity with a high degree of negligence. A person leaving a baby in a hot car might be considered involuntary manslaughter. Some states do not have separate categories of voluntary and involuntary manslaughter and is just the single category of manslaughter. Sentences for involuntary manslaughter are less severe than sentences for voluntary manslaughter or murder, where it does exist.
Justifiable Homicide Cases
Justifiable homicides are the only type that are not considered crimes. A person’s killing of someone else is legally justified. An example includes self-defense or defense of others while using a reasonable degree of force. The person will not be held to be criminally liable for the killing, if the defense is successful.