Many individuals believe that the act of taking a life, regardless of the circumstances, will be considered equal in the eyes of the law. While this may be the moral beliefs of many, you may be surprised to learn that this is far from the truth. In reality, there are different homicide crimes, which can be penalized at different levels of severity. As such, it’s imperative to understand the difference between murder and manslaughter, especially if you have been charged with one of these crimes. The following blog explores what you should know about these difficult legal matters, including the importance of discussing your circumstances with Houston homicide defense attorneys to explore your legal options.
What Constitutes Murder Versus Manslaughter?
Generally, murder is the most severe homicide offense and is often considered the most heinous crime someone can commit. This is because murder involves premeditation, meaning they planned to kill someone before the commission of the crime. Additionally, there are different levels of murder, with capital murder often considered the most severe. There are several circumstances that can warrant this crime, including the following:
- Knowingly killing a law enforcement officer
- Receiving payment for the commission of this crime
- Killing a child under the age of 10
- Killing someone during the commission of an aggravated sexual assault, theft, or arson
- Killing more than one person at once, or serial killing
However, you can also face a first or second-degree murder charge. A second-degree murder charge is often the result of crimes of passion, for which someone becomes so engaged they make the decision to murder someone else, while a first-degree offense is any other premeditated plan to commit this crime.
Manslaughter, on the other hand, occurs when someone’s reckless actions lead to the death of another person. It’s important to understand that the distinction is that there is no intent to kill. As such, this can be voluntary, like getting into a physical interaction that results in someone’s death, or involuntarily, meaning it is the result of criminal negligence, like driving under the influence.
How Are These Crimes Penalized?
As you can imagine, homicide crimes are not taken lightly in Texas. As such, regardless of the crime you are charged with, you can face serious penalties as a result.
Generally, a capital murder offense constitutes life in prison without the possibility of parole or the death penalty. A first-degree murder offense carries five to 99 years in prison, while you can face five to twenty years for a second-degree murder.
Manslaughter charges can range from a state jail felony for involuntary killings, carrying 180 days to two years, while a voluntary manslaughter charge is a second-degree felony, warranting between two and twenty years in jail.
As you can see, homicide offenses in Texas are incredibly serious. That is why it is imperative to work with an experienced criminal defense attorney as soon as possible if you have been arrested to explore your legal options. Contact us today to learn how we can fight for the best possible outcome for your circumstances.