Category Archives: Criminal Defense

Expungement, also known as “expunction,” is a court-ordered procedure in which the legal record of an arrest or conviction is “erased.” In the eyes of the law, it is the same as expunging a criminal record or setting aside a criminal conviction.

This legal procedure can transform the life of a person with a prior conviction or arrest record by expanding their options. By expunging a criminal record, a person is able to live more freely, without fear that past legal troubles will follow them.

This article includes more details about expungement. This should not be construed as formal legal advice for anyone in need of assistance with their arrest or court record.

The Case’s Assignment

The defendant may seek a criminal defense counsel personally or the court may assign the case to one. Many criminal defense lawyers work for the public defender’s office and are compensated by them. Local, state, and federal courts appoint them to cases. Private firms recruit other criminal defense lawyers. Some criminal defense lawyers have their own law firm that they manage. Due to the referral procedure and the payment coming from individuals other than defendants, public defenders are paid less than private lawyers and have a larger case load. In some situations, a court may appoint a private attorney to represent a client.

Interview with Regards to the Case

When the criminal defense lawyer has the opportunity to meet with the client in person, he or she should strive to learn as much as possible about the case. He or she can learn about possible defenses, as well as the case’s strengths and weaknesses, by asking specific questions regarding the case. This necessitates a detailed and rigorous interrogation of the defendant.

The Case Is Being Investigated

He or she must not only ask the criminal defendant pointed questions regarding the case, but also conduct more investigation into the case to determine any possible routes of acquittal. This frequently entails interrogating police officers about the processes they employed in the case. It could also entail speaking with witnesses who have information about the case and gathering data on the case. All of this material is used to try to put together a good case defensively. If an expert witness is called to testify in the case, the criminal defense attorney may question him or her about the testimony and evidence that will be presented.

Before the case is presented to the jury, a criminal defense counsel has the right to assess the prosecution’s case. This permits him or her to look for flaws in the prosecutor’s case and try to locate evidence that could disprove it, such as hiring an independent lab or expert to evaluate evidence in the case.

Evidence Evaluation

Analyzing the evidence against a criminal defendant necessitates a thorough examination of the facts and hypotheses of the case by a criminal defense attorney. He or she could have evidence evaluated by a third party. He or she may also study the material to see if there are any legal ideas that work against his or her client’s conviction.

Contact with the Client Continued

A criminal defense lawyer must communicate with his or her client on a regular basis to explain any developments in the case and to keep him or her up to date. The lawyer must ensure that the client’s conversations are kept private. The lawyer must also ensure that the client receives information regarding the case so that he or she has a better knowledge of the potential outcomes.

Selection of the Jury

The jury selection procedure is aided by a criminal defense attorney. He or she may seek to have jurors dismissed for cause if he or she believes they are biased against the defendant or simply has a terrible feeling about a possible juror.

Bargaining for a Plea

A criminal defense lawyer is also in charge of discussing the state of the case with the prosecution and negotiating any possible plea bargain. A criminal defense lawyer may be able to help the defendant negotiate a good agreement that results in the charges or punishment being reduced.

Participation in the trial

During the trial, a criminal defense lawyer argues for his or her client. He or she interrogates witnesses, cross-examines state witnesses, and tries to persuade the jury that the prosecution has not met its burden of proof.

Sentencing

A criminal defense lawyer can represent the defendant during the sentencing phase if the criminal defendant is sentenced for the offense, whether he or she accepted a plea deal or was convicted by a judge or jury. He or she may discuss elements that will persuade the judge or jury to shorten the defendant’s sentence and discuss possible alternatives to incarceration.

Although it will vary depending on the state or county, the expungement process typically begins with the filing of an application or petition. Different legal systems employ various terms. So, for instance, California refers to this as clearing your record with a dismissal, while some states, like Michigan, refer to it as setting aside a conviction. Utah refers to this as expungement of records. The process will result in the sealing or removal of your criminal records, regardless of the terminology used.

Your court will probably have standard forms to use when filing an application, as well as lists of the paperwork and information you’ll need to submit with your request. You must be absolutely certain that your request contains all necessary components. Your application should detail the steps you took to locate any missing documents or information and the reasons you were unable to do so.

However, the county prosecutor’s office frequently has everything you’ll need to submit with your request. You may even need to get the prosecutor’s office’s approval before submitting your request to the court in many jurisdictions.

The court will typically issue an order of expungement after granting a petition or application, which other agencies can then be served with. This guarantees that all of the records they may have on you are sealed or deleted. Frequently, these organizations are:

• the organization that made the arrest (such as the sheriff’s office or local police department);
• the jail or booking office, for example:
• the corrections department of your state (covering your records while serving any prison sentences)

Eligibility for Expungement: Additional Factors

You may be required to register and report if your underlying convictions were for sex-related offenses. Don’t assume that just because your criminal record has been expunged, any registration or reporting requirements will also be waived.

In California, for instance, you must file a separate motion to be released from your registration and reporting obligations in addition to an order expunging your criminal history. You would still have to abide by your state’s registration and reporting laws if that separate request were to be denied.

Even when it is an option for people who have been arrested or convicted, expungement does not happen automatically, and it is never guaranteed. A person seeking to have an arrest or criminal conviction expunged from their record usually has to fill out a petition or application, and then submit all required paperwork to the criminal court. Once they have done that, a judge will review the application and make a decision. In most cases, filing an expungement application also requires paying a fee.

Expungement Process Basics

The expungement process can be complicated. For example, some jurisdictions require an applicant to deliver (or “serve”) papers to district attorneys, while others require the applicant to prepare the legal document (or “Order of Expungement”) which will be signed by the judge. In some cases, a court hearing is required, after which a judge will decide whether to grant the expungement. Once you obtain an expungement order, you may also need to serve it on different agencies that may also have records related to your arrest or conviction, such as your state’s department of corrections.

Perhaps the hardest part of the process, though, will be obtaining all of the required documents to file with your application. Many of these documents can be obtained from the prosecutor’s office or from court records, so that’s a good place to start. Also, some jurisdictions require formal approval of expungement from the prosecutor’s office before the expungement can be considered by the court, which may take some time and effort to acquire.

Examples of State Expungement Applications

As noted, the expungement process can differ by state and even by county, so there may be specific application forms and requirements for your local court system. You can normally find these forms at your local courthouse or their website. Below are a few examples of what these applications or petitions look like in the various states.

• Colorado: Sealing of Arrest and Criminal Records (Colorado Judicial Branch)
• Florida: Seal and Expunge Process (Florida Department of Law Enforcement)
• Georgia: Request to Restrict (Expunge) Arrest Record (Georgia Bureau of Investigation)
• Minnesota: Expungement of a Criminal Record (Minnesota Judicial Branch)
• Missouri: Petition for Expungement of Arrest Records (Missouri Courts)
• Nevada: Petition to Seal Records Instructions (Clark County)
• Texas: Items Needed for Filing Expunctions [PDF file] (Dallas County)

Second-degree murder is typically characterized by a lack of premeditation, the aim to do only bodily injury, and a severe disregard for human life. The precise legal definition of this offense varies by jurisdiction. Some states may not use the word “second-degree murder,” but they likely still divide murder into two degrees and inflict less punishments for the lesser offense.

Read on to discover the many types of killings that are typically categorized as second-degree murder, along with examples of each form of killing.

Without Premeditation Intentional Murders

These kind of murders require no strategy on the side of the perpetrator. At the time of the murder, the killer intended to kill the victim, whereas before to the murder, the perpetrator had no intention to commit murder.

For instance, Adam and Bill are neighbors, and they’ve been arguing about the fence separating their houses recently. Adam pays Bill a visit to discuss the issue, and while there, he suddenly grabs the shotgun hanging above the fireplace and fatally shoots Bill.

Adam did not intend to murder Bill when he went to Bill’s residence on that day, so there was no premeditation. Adam had every intention of murdering Bill at the time he squeezed the trigger. Prosecutors would likely prosecute him with second-degree murder under these conditions.

If, on the other hand, Adam murders Bill during a sudden argument that was provoked, he would likely be charged with manslaughter. The premise is that if Adam is motivated by “hot of passion,” the moral responsibility is less.

Intent to Inflict Only Serious Physical Harm

The second circumstance for second-degree murder is when the criminal wants to cause merely substantial bodily damage but is aware that death may ensue from the conduct. Adam grabs a shovel and whacks Bill in the head with all of his power instead of shooting him in the situation described above. Adam did not plan to murder Bill when he struck him with the shovel, but he was aware that a blow to the head carried a high risk of death. Adam’s killing of Bill in this manner would be categorized as second-degree murder.

Extreme Callousness Towards Human Life

The third major type of second-degree murder happens when a victim dies due to the perpetrator’s excessive disregard for human life. Extreme indifference typically entails a complete disregard for the chance that an action would harm someone.

Consider, returning to Adam and Bill, that instead of bashing Bill over the head with a shovel, Adam pulls a rifle and fires wildly at a throng of neighbors who have gathered to watch Adam and Bill argue. Adam didn’t necessarily intend to kill anyone, but he also didn’t consider the harm he could inflict to those in the crowd. This is evidence of Adam’s terrible disregard for human life. If one of Adam’s bullets impacted and killed a member of the crowd, Adam has likely committed second-degree murder.

Felony Murder

Some states additionally consider homicides that occur during the commission of another felony as second-degree murders, although other states classify such homicides as first-degree murders. It is also crucial to know that a person might be convicted of felony murder even if they did not kill somebody themselves.

For instance, if Adam and Bill enter a convenience store with the intention of robbing it at gunpoint (which is a felony), and Adam ends up shooting the store owner, a jury could find Bill (who did not shoot anyone) guilty of murder on the grounds that he was involved in the original felony when the killing occurred.

What If You Are Charged with Second-Degree Murder? Call a Lawyer

If you have been accused of any form of murder or other crime, hire a competent attorney immediately to safeguard your legal rights, assist you in establishing a defense, and preserve evidence that may be helpful to your case. Contact a local criminal defense attorney immediately to get started.

Homicide refers to the intentional or accidental killing of a human being by another person.

Read on to discover the many types of killings that are typically categorized as second-degree murder, along with examples of each form of killing.

Without Premeditation Intentional Murders

These kind of murders require no strategy on the side of the perpetrator. At the time of the murder, the killer intended to kill the victim, whereas before to the murder, the perpetrator had no intention to commit murder.

For instance, Adam and Bill are neighbors, and they’ve been arguing about the fence separating their houses recently. Adam pays Bill a visit to discuss the issue, and while there, he suddenly grabs the shotgun hanging above the fireplace and fatally shoots Bill.

Adam did not intend to murder Bill when he went to Bill’s residence on that day, so there was no premeditation. Adam had every intention of murdering Bill at the time he squeezed the trigger. Prosecutors would likely prosecute him with second-degree murder under these conditions.

If, on the other hand, Adam murders Bill during a sudden argument that was provoked, he would likely be charged with manslaughter. The premise is that if Adam is motivated by “hot of passion,” the moral responsibility is less.

Intent to Inflict Only Serious Physical Harm

The second circumstance for second-degree murder is when the criminal wants to cause merely substantial bodily damage but is aware that death may ensue from the conduct. Adam grabs a shovel and whacks Bill in the head with all of his power instead of shooting him in the situation described above. Adam did not plan to murder Bill when he struck him with the shovel, but he was aware that a blow to the head carried a high risk of death. Adam’s killing of Bill in this manner would be categorized as second-degree murder.

Extreme Callousness Towards Human Life

The third major type of second-degree murder happens when a victim dies due to the perpetrator’s excessive disregard for human life. Extreme indifference typically entails a complete disregard for the chance that an action would harm someone.

Consider, returning to Adam and Bill, that instead of bashing Bill over the head with a shovel, Adam pulls a rifle and fires wildly at a throng of neighbors who have gathered to watch Adam and Bill argue. Adam didn’t necessarily intend to kill anyone, but he also didn’t consider the harm he could inflict to those in the crowd. This is evidence of Adam’s terrible disregard for human life. If one of Adam’s bullets impacted and killed a member of the crowd, Adam has likely committed second-degree murder.

Felony Murder

Some states additionally consider homicides that occur during the commission of another felony as second-degree murders, although other states classify such homicides as first-degree murders. It is also crucial to know that a person might be convicted of felony murder even if they did not kill somebody themselves.

For instance, if Adam and Bill enter a convenience store with the intention of robbing it at gunpoint (which is a felony), and Adam ends up shooting the store owner, a jury could find Bill (who did not shoot anyone) guilty of murder on the grounds that he was involved in the original felony when the killing occurred.

Murders are the most severe homicides because they carry the harshest penalties. Other types of homicide have diminished levels of intent. These include manslaughter, reckless homicide, negligent homicide, and vehicular homicide. Rarely, a homicide is deemed legally justifiable for self-defense or other reasons and is not prosecuted as a crime.

Families who have lost a loved one may pursue monetary compensation outside of the criminal court system. This takes place in civil court with a wrongful death claim.

This article examines homicide kinds, when a homicide is regarded legally justifiable, and when civil liability for wrongful death may be incurred.

• Murder
• Manslaughter
• Legal Homicide
• Illustrations of Homicide
• Related Claim: Unjustified Death

Murder

Murder is the most serious criminal homicide charge. State statutes typically classify different degrees of wrongfulness for murder. The standard definition of first-degree murder is a killing that is both intentional and premeditated.

The requirement for premeditation does not require proof of sophisticated or extensive planning. Courts have determined that premeditation may have occurred after only a few seconds of deliberation and thought.

Similarly, the requirement of intent can be flexible. In order to convict a defendant of first-degree murder, a jury need not determine that the accused intended to cause death. In lieu of this, the prosecution may demonstrate that the defendant intended to cause serious bodily injury or death while attempting to commit another felony.

Additionally, intent need not be directed at a particular individual. If someone planned to kill one person, but unintentionally killed someone else, the murder was still purposeful and premeditated. A killer who brings a poisoned lunch to his victim, only for it to be consumed by someone else, could still be convicted on a first-degree murder conviction.

Depending on the state’s laws, the defendant may be prosecuted with second-degree murder or voluntary manslaughter in the absence of premeditation.

Manslaughter

Manslaughter is classified as either voluntary or involuntary. The main distinction between manslaughter and murder is the killer’s mental state, or mens rea. Some states characterize this state of mind as “under the impact of intense emotional discomfort” resulting from provocation. The state of Texas defines manslaughter as the “reckless” killing of another person.

Voluntary Manslaughter

When a person commits voluntary manslaughter, he or she had no prior intent to kill. It is possible that the murder occurred “in the heat of passion” and without premeditation. An example would be a spouse who committed murder “in the heat of passion” after discovering their partner in bed with another person.

Various states have different laws. This crime could be considered second-degree murder in several places.

Unwillful Manslaughter

In some states, unintentional manslaughter is defined as involuntary manslaughter or negligent homicide. In these instances, the perpetrator killed the victim unintentionally as a result of engaging in risky or criminally negligent behavior. This applies to defendants who should have known that their actions were risky or negligent, as well as those who, like parents, owed the victim a special duty of care.

Examples of negligent homicide deaths that result from:

• Operating a hazardous amusement park attraction with faulty safety equipment
• Refusing to provide medical attention to a plainly ill and suffering child
• Leaving a loaded firearm unlocked and within reach of a youngster in the home is prohibited.
• Driving under the influence (in some states – other states create a specific definition for these crimes)

Reckless or Negligent Homicide

Because different states give equivalent criminal accusations different names. Reckless homicide and negligent homicide are the favored contemporary words since they define the killer’s mental state or mens rea. These accusations require either showing the defendant knew the lethal activities were dangerous and could cause harm, or that the defendant breached a duty of care or specific responsibility owed to the victim. These charges are regularly utilized in jurisdictions where voluntary and involuntary manslaughter charges have been removed from the penal code.

Vehicular Homicide

When the driver of a car, boat, jet ski, snowmobile, or ATV causes the death of another person, they may be charged with vehicular homicide. Different states define and subcategorize this offense in different ways.

In most cases, motor accidents are not charged as first- or second-degree murder since the driver did not intend to kill anyone. Many fatal car accidents are just that – accidents. These catastrophic situations are not followed by criminal charges. The majority of homicides that result in criminal prosecution are caused by reckless or irresponsible driving. As examples of vehicular homicide, consider the following:

• Committing a misdemeanor traffic infraction, such as failing to stop at a stop sign
• Driving at an excessive rate of speed, including street racing
• Operating a motor vehicle when impaired by drugs or alcohol
• Eluding law enforcement or triggering a high-speed pursuit
• Failing to stop and offer aid after a crash (a “hit and run”) (a “hit and run”)

Justifiable Homicide

Some killings that would be considered murder or manslaughter under the law are not prohibited. These are commonly referred to as “justifiable homicide,” and a classic example is killing in self-defense or in defense of another person.

A homicide is considered justifiable if state law permits the use of fatal force in self-defense. When confronted with a serious danger of bodily injury, such as rape, armed robbery, or murder, most state laws permit homicide in self-defense or in defense of another.

Justifiable homicide is a rare occurrence. In an examination of more than 4,500 handgun homicide cases from FBI files, just around 7 percent of murders were deemed justifiable. If the killer was white and the victim was black, and if they resided in a state with a Stand Your Ground statute, a murder is almost twice as likely to be deemed justifiable (13.6%), according to the report.

Killings committed by police officers in the line of duty are frequently viewed as justifiable. There have been a few high-profile incidents of police killings that have resulted in criminal charges, most notably the Derek Chauvin case, although these prosecutions represent a tiny percentage of the number of people killed by police each year. There were 1,021 fatal police shootings in 2020, with black and Hispanic victims being approximately twice as likely to be killed.

Related Wrongful Death Claims

Regardless of the form of homicide, wrongful death claims could be pursued in civil court. The suspected culprit may be sued by the victim’s family even if they were not convicted of murder in a criminal proceeding. The threshold of proof for a wrongful death case is substantially lower than the criminal standard of guilt beyond a reasonable doubt.

Wrongful death lawsuits result in awards of monetary damages rather than criminal punishment. This is exemplified in the famous case of O.J. Simpson was held civilly liable for the killings of his ex-wife Nicole Brown Simpson and her houseguest Ron Goldman. A Los Angeles criminal court had earlier acquitted Simpson of murder, but a civil court jury held him financially culpable and sentenced him to pay $33.5 million in damages.

Sometimes civil proceedings for wrongful death precede criminal trials. After the death in 2019 of Elijah McClain, who died in police custody following a disputed arrest in Aurora, Colorado, the phrase is used. Local prosecutors initially declined to file charges against any of the participating cops or paramedics. The parents of McClain filed a wrongful death lawsuit against the city, and the local administration agreed to a $15 million settlement. Much later, criminal charges were filed after political pressure prompted a new inquiry. A grand jury indicted three Aurora police officers and two paramedics in September 2021 on charges relating to McClain’s death.

Intentional Murder Using a Vehicle

Despite the fact that vehicular homicides are typically inadvertent and are not charged as murder, some killers use their vehicles as their preferred weapon for purposeful kills.

In a number of high-profile incidents in recent years, cars purposely struck pedestrians on the sidewalk or protestors at a demonstration. Typically, the intentional use of a vehicle to cause bodily harm is prosecuted as murder.

Euthanasia or Suicide Assisted by a Physician

Physician-assisted suicide is the contentious practice of supplying terminally ill patients with a deadly dose of medication that enables them to end their lives without suffering. This method is frequently wrongly referred to as “euthanasia,” but it is not homicide because the deceased makes the ultimate decision to die.

In the 1990s, this subject was brought into the national forefront when Dr. Jack Kevorkian was tried four times in Michigan for helping suicides. None of these first four trials resulted in a conviction. In 1998, he delivered a lethal injection to a terminally ill ALS patient and permitted a video of the execution to be broadcast nationally.

Consequently, he was tried and found guilty of first-degree murder. In addition to the television broadcast, the televised death differed significantly from the 130 other instances in which he had presided over the death of a patient. In all other instances, the lethal dose was provided but not administered; the patients themselves pressed a button to receive the medications or donned a mask to breath lethal carbon monoxide.

Since then, eight states and the District of Columbia have approved physician-assisted suicide for persons with terminal illnesses who are mentally competent.

The deliberate killing of another person without premeditation is typically referred to as second-degree murder. It is a more serious offense than manslaughter but less serious than first-degree murder. The case proceeds on to sentencing after a jury has found a defendant guilty of second-degree murder. The defendant will find out during this stage what punishments the state or federal government will impose for their crime.

The punishment a person guilty of second-degree murder will get depends on a number of circumstances. The language of the legislation itself, which establishes the penalty, comes first. Second, judges may take into account a variety of aggravating and mitigating circumstances when determining a punishment. The charges that a defendant will be charged with upon being found guilty of second-degree murder will be determined by all of these factors taken together.

The relevant penalties for the offense are often covered in the statutes that specifically forbid second-degree murder. This usually takes the form of a broad time frame, like 15 years to life. However, frequently the conversations don’t provide much precise information regarding the sentences and offer courts considerable discretion in deciding on punishments.

For instance, the federal law that makes second-degree murder a crime mandates that anyone found guilty must serve either a life sentence in prison or a term of years in jail. Due to the ambiguous nature of the sentencing pronouncement, federal judges must apply the Federal Sentencing Guidelines to establish the proper sentence for a person found guilty of second-degree murder.

Other jurisdictions’ laws specify precise penalties for particular offenses. For instance, the Penal Code of California specifies particular minimum sentences for second-degree murder that occurs after shooting a gun from a moving vehicle or when it is committed against a peace officer.

Courts typically consider a few aggravating and mitigating factors in addition to the elements listed in the penal law when deciding what constitutes second-degree murder.

The elements of the crime, the offender’s actions, or their past that make the sentence more severe are referred to as aggravating factors. When mitigating circumstances are present, they frequently persuade the sentencing judge that the defendant should receive a lesser term than they otherwise would.

These variables differ from jurisdiction to jurisdiction, however most countries look at a few fundamental variables before deciding on penalties.

In the federal system, for instance, a judge may extend a sentence for second-degree murder if the defendant’s actions were particularly heinous, cruel, harsh, or humiliating to the victim. A defendant’s criminal history, whether the offense qualified as a hate crime, and whether the defendant used a weapon while committing the crime are all further aggravating considerations.

Federal mitigating circumstances can include the defendant’s admission of guilt or lack thereof, any physical or mental disorders they may have, their volunteer activities, and their upbringing.

The deliberate killing of another person without premeditation is typically referred to as second-degree murder. It is a more serious offense than manslaughter but less serious than first-degree murder. The case proceeds on to sentencing after a jury has found a defendant guilty of second-degree murder. The defendant will find out during this stage what punishments the state or federal government will impose for their crime.

The punishment a person guilty of second-degree murder will get depends on a number of circumstances. The language of the legislation itself, which establishes the penalty, comes first. Second, judges may take into account a variety of aggravating and mitigating circumstances when determining a punishment. The charges that a defendant will be charged with upon being found guilty of second-degree murder will be determined by all of these factors taken together.

The relevant penalties for the offense are often covered in the statutes that specifically forbid second-degree murder. This usually takes the form of a broad time frame, like 15 years to life. However, frequently the conversations don’t provide much precise information regarding the sentences and offer courts considerable discretion in deciding on punishments.

For instance, the federal law that makes second-degree murder a crime mandates that anyone found guilty must serve either a life sentence in prison or a term of years in jail. Due to the ambiguous nature of the sentencing pronouncement, federal judges must apply the Federal Sentencing Guidelines to establish the proper sentence for a person found guilty of second-degree murder.

Other jurisdictions’ laws specify precise penalties for particular offenses. For instance, the Penal Code of California specifies particular minimum sentences for second-degree murder that occurs after shooting a gun from a moving vehicle or when it is committed against a peace officer.

Courts typically consider a few aggravating and mitigating factors in addition to the elements listed in the penal law when deciding what constitutes second-degree murder.

The elements of the crime, the offender’s actions, or their past that make the sentence more severe are referred to as aggravating factors. When mitigating circumstances are present, they frequently persuade the sentencing judge that the defendant should receive a lesser term than they otherwise would.

These variables differ from jurisdiction to jurisdiction, however most countries look at a few fundamental variables before deciding on penalties.

In the federal system, for instance, a judge may extend a sentence for second-degree murder if the defendant’s actions were particularly heinous, cruel, harsh, or humiliating to the victim. A defendant’s criminal history, whether the offense qualified as a hate crime, and whether the defendant used a weapon while committing the crime are all further aggravating considerations.

Federal mitigating circumstances can include the defendant’s admission of guilt or lack thereof, any physical or mental disorders they may have, their volunteer activities, and their upbringing.

Get Legal Help Against Homicide Criminal Charges

Any crime that satisfies the legal threshold of homicide is a serious offense. Defenses in homicide trials are difficult and need much planning. Consult with an expert criminal defense attorney if you’ve been charged with a homicide-related crime, or any felony for that matter.

Voluntary manslaughter is commonly defined as an intentional killing in which the offender had no prior intent to kill, such as a killing that occurs in the “heat of passion.” The circumstances leading up to the killing must have caused a reasonable person to become emotionally or mentally disturbed; otherwise, the killing may be charged as first- or second-degree murder.

For instance, when Dan returns home, he discovers his wife in bed with Victor. In a fit of rage, Dan grabs a golf club from next to the bed and smacks Victor in the skull, instantly killing him.

On the spectrum of homicides, this offense falls midway between murder and the excusable, justifiable, or privileged taking of life that does not constitute a crime, such as self-defense. There are a variety of potential sentences and consequences for voluntary manslaughter, and the sentence is frequently determined by the judge.

Voluntary manslaughter is distinct from involuntary manslaughter and is defined differently depending on the state in which the crime is committed. Involuntary manslaughter, on the other hand, occurs when someone dies as a result of a non-felonious illegal conduct committed by the defendant, or as a result of the defendant’s negligence or recklessness.

A homicide attributed to “passion”

In accordance with federal law, voluntary manslaughter is the unlawful killing of a human without malice during a sudden quarrel or a fit of rage.

The precise meaning of the term “hot of passion” varies depending on the context, but it generally alludes to an irresistible emotion that a normally sensible person would feel under the same circumstances. This concept of an unstoppable drive contradicts with the concept of premeditation in first-degree murder, because demonstrating one necessarily eliminates the other.

For instance, if Adam witnesses a complete stranger, Bob, desecrate a holy monument and then kills Bob in a fit of rage, the state would likely charge Adam with voluntary manslaughter rather than murder. If, on the other hand, Adam harbored a long-standing, uncontrolled hatred for Bob due to Bob’s criticism of Adam’s faith, and he hid and waited for Bob to damage the monument with the goal to kill Bob, then Adam would likely be charged with murder.

Defenses to Voluntary Homicide

The potential defenses for voluntary manslaughter are comparable to those for other types of homicide. A defendant charged with voluntary manslaughter may attempt to demonstrate that they did not commit the crime, that their acts were justified, or that their conduct does not fulfill the criteria for voluntary manslaughter. There may be further defenses available, depending on the applicable state law. The state could conceivably charge the defendant with voluntary manslaughter if he or she kills in self-defense but was the first aggressor in the situation that led to the homicide. In addition, voluntary manslaughter might comprise homicides committed based on the defendant’s sincere but irrational assumption that deadly force is required.

State Mandatory Manslaughter Statutes

Different state statutes define voluntary manslaughter differently. A person is guilty of manslaughter in the first degree (voluntary manslaughter) in New York if they meant to cause the death of another, but did so while under the influence of significant emotional disturbance.

Some states, such as Texas, do not have a specific definition for voluntary manslaughter; rather, murder can be reduced to second-degree provided the defendant demonstrates the affirmative defense of sudden passion. as a homicide committed under the false impression that the killing was justifiable. Certain states define voluntary manslaughter based on a list of specified situations. For instance, the purposeful death of an unborn child is considered voluntary manslaughter in Illinois.

Obtain legal assistance for your voluntary manslaughter case.

If you are facing allegations as serious as voluntary manslaughter, it is probable that you have already consulted with an experienced criminal defense counsel. If you haven’t already, you should do so quickly in order to grasp the penalties associated with the charges you’re facing and the viable defenses moving forward. Even for less serious crimes or analyses of family members’ convictions and plea deals, the best course of action is to contact a local criminal defense attorney.

An unintentional killing caused by criminal carelessness, recklessness, or committing an offense like a DUI is typically referred to as “involuntary manslaughter.” In contrast to voluntary manslaughter, accidental murder results in the victim’s death. What is involuntary manslaughter and how does it differ from voluntary manslaughter are described below.

Charges of involuntary manslaughter, sometimes known as “criminally negligent homicide,” are frequently brought after a fatal car accident that was caused by a driver who was intoxicated or high. Even though the driver had no intention of killing anyone, the accusation can still be upheld due to their recklessness in doing so while under the influence. Vehicle manslaughter is a distinct category of manslaughter that some states recognize.

The use of a vehicle is not required for involuntary manslaughter. For instance, if a dangerous carnival ride’s operator doesn’t make sure that everyone is buckled in and people die as a result, the operator may be charged with involuntary manslaughter. A building management could also be punished with involuntary manslaughter for willfully failing to install smoke detectors prior to the start of a fatal fire.

Although it is penalized less harshly than other types of homicide, involuntary manslaughter is nonetheless a serious crime. For instance, involuntary manslaughter is classified as a first-degree misdemeanor in Pennsylvania. If the carer of a child under 12 commits this, they are charged with a second-degree crime, which carries a term of up to five years in jail (with a possible prison sentence of up to 10 years upon conviction).

Manslaughter: Voluntary vs. Involuntary

Despite sharing the same name, manslaughter is a rather broad term. Typically, voluntary manslaughter entails a murder committed in the heat of the moment. For instance, it would probably be voluntary manslaughter if Adam suddenly grabs a fire iron and slams Bill to death during a heated argument. Adam shouldn’t be prosecuted with murder, even in the second degree, because his “heat of passion” defense diminishes the moral guilt.

In contrast, involuntary manslaughter refers to unintentional deaths, such as car accidents brought on by drunk drivers. Additionally, killing someone unintentionally while executing a robbery, kidnapping, or other “inherently dangerous” act is typically regarded as murder rather than manslaughter.

An illustration would be when thieves are attempting to flee the scene of a crime and accidentally run over a pedestrian while being chased by police in a high-speed pursuit. Although the pedestrian’s death was unintentional, robbery-related charges for murder would probably be brought against the driver. However, voluntary manslaughter is the unintentional killing that deserves the greatest attention.

The possible defenses to an accusation of voluntary manslaughter are comparable to those that a defendant may assert in response to other homicide allegations. A person accused of voluntary manslaughter may make an effort to disprove their guilt, assert the justification for their acts, or contend that their actions did not fulfill the criteria for voluntary manslaughter.

The actual defense a person decides to assert in court will depend on the facts of the case, the law of the state they are in, and other factors, however the following is an overview of common voluntary manslaughter defenses.

Genuine Innocence

The best voluntary manslaughter defense is to avoid committing the act in the first place. The burden of proof rests with the prosecution to establish beyond a reasonable doubt that a defendant committed the charged offense; up until that point, the defendant is deemed innocent. A defendant may offer an alibi or contest the veracity of the prosecution’s evidence in order to reject the charges. The defendant will be declared innocent if the jury decides that they have a good-faith doubt regarding their guilt.

Self-Defense

Defenses for voluntary manslaughter in self-defense operate a little differently than they would in the case of a murder accusation.

It is possible for defendants to argue either flawless or flawed self-defense when it comes to a murder case. When there is a justifiable necessity for lethal force to protect one’s life and there is no wrongdoing on the part of the defendant, self-defense is a valid defense. An insufficient justification for using lethal force, improper behavior on the part of the defendant, or both are required for an imperfect self-defense claim.

For instance, the claim of self-defense is flawed if the defendant was the one who initiated the altercation yet still needed to use lethal force to preserve their life. In a murder case, a successful perfect self-defense defense will lead to an acquittal; a successful flawed self-defense defense will typically lead to a charge reduction to manslaughter. The only form of self-defense that can be used in a manslaughter case is a flawless self-defense claim. In reality, making an insufficient self-defense claim means admitting that the defendant committed voluntary manslaughter.

Insanity

The judicial system won’t hold a person liable for their actions if they were legally insane at the time of the homicide. The insanity defense is typically based on the defendant’s inability to comprehend the nature of their conduct or tell the difference between right and wrong.

Although the exact requirements for the insanity defense differ by country, they typically fall into one of the following groups:

M’Naghten’s Law
Test of Irresistible Impulse
Durham’s Rule
The Legal Insanity Test under the Model Penal Code
Accidental homicide

It is occasionally possible to prove voluntary manslaughter and so reduce the allegation to involuntary manslaughter by demonstrating that the homicide was the consequence of an accident. A voluntary manslaughter has an element of intent, as the phrase suggests. A person who commits voluntary manslaughter had the complete purpose to murder or seriously damage the victim, even if it happened in the throes of passion.

On the other hand, an involuntary manslaughter is the outcome of carelessness or recklessness. An involuntary manslaughter may have been committed negligently, but the offender did not intend to kill or seriously hurt the victim. The defendant may be able to change the accusation to involuntary manslaughter if they can demonstrate that the victim’s death was the result of an accident rather than an intentional act.

For instance, Adam and Bob may argue in a parking lot, at which point Adam, furious, gets in his car and begins to drive away. Adam murders Bob’s girlfriend when he smashes her with his automobile while being distracted by his rage. Adam is accused of voluntary manslaughter even though he didn’t mean to hit her. The charges should be dropped to involuntary manslaughter if Adam can demonstrate that it was his negligence rather than any malicious intent that led to her passing away.

Intoxication

A person’s intoxication typically won’t absolve them of criminal activity unless it was an unconscious intoxication (if they were drugged against their will, for instance). This is especially true for defenses involving voluntary manslaughter. Intoxication may successfully reduce a murder charge to one of manslaughter, but it is not a particularly effective defense against a manslaughter accusation. In fact, one of the circumstances under which the crime of manslaughter was created was an inebriated homicide.

The court will decide the sentence the state or federal government will inflict on the defendant once a jury finds him or her guilty of voluntary manslaughter.

The specific punishment is based on a variety of variables. The language of the law that controls how manslaughter is punished in the area is the most crucial element. Statutes often specify a single punishment or a range of punishments from which judges might select when determining a conviction’s punishment. The investigation, however, continues.

When imposing penalties, judges may also take into account aggravating and mitigating circumstances. While mitigating circumstances typically lessen the harshness of a punishment, aggravating elements will typically increase the sentence. It’s crucial to remember, however, that the judges should only take into account issues that have been tried in front of a jury. Otherwise, they run the risk of violating the Sixth Amendment’s provision of the right to counsel.

The influence of aggravating and mitigating circumstances as well as the sentencing process are covered in the overview of voluntary manslaughter sentences that is given below.

The Language of the Statute

Although genuine laws that forbid voluntary manslaughter frequently include specific sentences, it is more likely that they will instead mention a variety of possible punishments. These statutes frequently provide the judge the discretion to determine the precise sentence.

For instance, according to the federal statute against voluntary manslaughter, offenders should be punished with fines, a maximum ten-year jail sentence, or both. Contrarily, California’s manslaughter legislation is a little more explicit and stipulates that a person found guilty of manslaughter should serve a jail term of three to eleven years.

Judges in both situations have some discretion in deciding on the precise sentence they will impose on a particular defendant. At this point, aggravating and mitigating factors are relevant.

Factors that Are Exacerbating and Reducing

The circumstances surrounding the offense will be taken into consideration by the court when deciding on an exact voluntary manslaughter punishment. There are two types of these circumstances: aggravating factors and moderating considerations.

The facts about the crime, the defendant, or the victim that tend to make it more serious and hence more deserving of a heavier penalty are known as aggravating factors. The ferocity of the crime, the defendant’s criminal past, and the victim’s susceptibility are common aggravating factors taken into account by courts. The likelihood that the offender will receive a harsh sentence increases with the number of aggravating circumstances.

On the other hand, mitigating circumstances usually shorten punishments. A lengthier sentence is unnecessary because mitigating circumstances demonstrate that the defendant offers a lower risk to society than they would otherwise. The absence of a criminal background and the defendant’s admission of guilt are typical mitigating circumstances.

Procedures for Voluntary Manslaughter Sentencing

The specific steps will depend on the laws of the court that will be conducting the trial, but there will often be an initial hearing where the prosecution and defense can present aggravating and mitigating circumstances. The judge will next weigh all the relevant elements in the case, decide on a sentence, and read it aloud in court.

First-degree murder is typically described as a willful and premeditated killing that was carried out after careful preparation or “lying in wait” for the victim. As an illustration, Dan returns home to see his wife sleeping with Victor. Dan stands behind a tree close to Victor’s front door three days later. Dan shoots and murders Victor as soon as he leaves his home.

Elements Of First Degree Murder

These elements are willfulness, deliberation and premeditation. However federal law and some states also include malice afterthought as an element. The amount of malice differs from state to state. Most states decide based on certain kinds of killings. However, not all states divide murders into degrees. For example, in some states the top level of murder is known as “capital murder.”

Intent

There must be a specified intent to kill with a first degree murder. Even if the eventual victim was not the original intention. Many state laws sat killing with a depraved indifference to human life qualifies as first degree murder.

Deliberation And Premeditation

This can only be decided on an individual case basis. Having time enough to make the decision to kill and then act on it following enough time for a reasonable person to think of the consequences usually is enough. Deliberation and preparation must always happen prior to the killing.

Malice Aforethought

Certain killings are categorized as first degree murder, for example:

• The killing of a child by means of unreasonable force
• Certain killings when in a pattern of domestic abuse
• The murder of a member of law enforcement
• Homicides as part of another crime such as robbery, arson or rape
• Intentional Poisonings
• Murders as a result of being imprisoned
• Murders where the killer waited for and/or ambushed the victim

Most states also follow a legal principle known as the “felony murder rule,” which stipulates that anyone who kills anyone (even unintentionally) as a result of committing certain violent felonies, like:

• Arson;
• Burglary;
• Kidnapping;
• abuse; and
• Robbery.

For instance, when Dan and Connie rob Victor’s liquor shop, Victor shoots Dan as he runs away, killing him. Even if neither of the thieves actually killed Dan, Connie can be prosecuted with first-degree murder under the felony murder rule.

The Components of First-Class Murder

In general, state laws that divide homicides into first, second, and possibly third degrees demand that first degree murders contain three essential characteristics.

• Willfulness;
• decision-making; and
• Premeditation.

In addition, “malice aforethought” is a requirement under federal law and in several states. States, however, have different standards for what constitutes malice and whether it is a prerequisite for the intentional, premeditated, and willful murder of human life. The majority of states additionally list specific types of murder as first degree murders without requiring proof of intention, deliberate action, or premeditation.

Not all states categorize different types of murder. The most serious murder offense is sometimes referred to by a different word, such as “capital murder.”

Intent

First degree murderers must have the precise purpose to kill a human life in order to be considered willfully guilty. This intention need not be related to the victim in question. First-degree murder is still committed if the victim was the intended victim but the murderer ended up killing a random person or the wrong person. Furthermore, murder in the first degree can be charged under the laws of several states when the act of killing demonstrates a callous disregard for human life.

Premeditation and Deliberation

Only a case-by-case analysis can determine whether a murderer behaved with the forethought and premeditation necessary for first degree murder. The need for deliberate action and premeditation does not imply that the murderer had to think about the crime deeply or make extensive preparations before committing it. Usually enough time is allowed to acquire the conscious intent to kill, and then enough time to act on it after a reasonable individual has had a chance to reconsider their choice. Even though it might happen very rapidly, planning and preparation must come before, not during, the act of killing.

“Malice Ahead of Time”

First-degree murderers are required by several state statutes to have acted with malice or “malice aforethought.” Malice is typically characterized by a wicked nature or goal as well as a disregard for human life. States have varied laws on how to define “malice.” Malice aforethought is defined in certain legal systems as behaving with a planned intent to kill or severe disregard for human life. Other states demand proof of malice in addition to the usual elements of first degree murder, such as willfulness, deliberation, and premeditation.

First-degree Murders Listed

State laws frequently designate certain sorts of homicides as first degree. In some situations, it may not be necessary to prove the traditional requirements of explicit intent to murder, deliberate action, and premeditation. These often include:

• the use of excessive force to murder a kid;
• certain murders carried out amid a pattern of domestic violence;
• a law enforcement officer was killed, and
• murders committed while other crimes, such arson, rape, robbery, or other violent crimes, are being committed.

This list just serves to highlight a few of the first-degree murders mentioned. Consult the relevant state legislation for an exhaustive list.

Additionally, many states define particular killing techniques as first-degree murder. These include homicides committed with the purpose to poison, those brought on by torture or incarceration, and those committed while the victim was being “lay in wait” for or ambushed.

Obtaining Legal Assistance in a First-Degree Murder Case

First degree murder is one of the most serious accusations you might be charged with in the criminal justice system, and it carries the worst punishments. So that you may understand your rights and protections and create a moving legal strategy, it’s crucial to get in touch with a skilled criminal defense lawyer as soon as you can.

The possible defenses to an accusation of voluntary manslaughter are comparable to those that a defendant may assert in response to other homicide allegations. A person accused of voluntary manslaughter may make an effort to disprove their guilt, assert the justification for their acts, or contend that their actions did not fulfill the criteria for voluntary manslaughter.

The actual defense a person decides to assert in court will depend on the facts of the case, the law of the state they are in, and other factors, however the following is an overview of common voluntary manslaughter defenses.

Genuine Innocence

The best voluntary manslaughter defense is to avoid committing the act in the first place. The burden of proof rests with the prosecution to establish beyond a reasonable doubt that a defendant committed the charged offense; up until that point, the defendant is deemed innocent. A defendant may offer an alibi or contest the veracity of the prosecution’s evidence in order to reject the charges. The defendant will be declared innocent if the jury decides that they have a good-faith doubt regarding their guilt.

Self-Defense

Defenses for voluntary manslaughter in self-defense operate a little differently than they would in the case of a murder accusation.

It is possible for defendants to argue either flawless or flawed self-defense when it comes to a murder case. When there is a justifiable necessity for lethal force to protect one’s life and there is no wrongdoing on the part of the defendant, self-defense is a valid defense. An insufficient justification for using lethal force, improper behavior on the part of the defendant, or both are required for an imperfect self-defense claim.

For instance, the claim of self-defense is flawed if the defendant was the one who initiated the altercation yet still needed to use lethal force to preserve their life. In a murder case, a successful perfect self-defense defense will lead to an acquittal; a successful flawed self-defense defense will typically lead to a charge reduction to manslaughter. The only form of self-defense that can be used in a manslaughter case is a flawless self-defense claim. In reality, making an insufficient self-defense claim means admitting that the defendant committed voluntary manslaughter.

Insanity

The judicial system won’t hold a person liable for their actions if they were legally insane at the time of the homicide. The insanity defense is typically based on the defendant’s inability to comprehend the nature of their conduct or tell the difference between right and wrong.

Although the exact requirements for the insanity defense differ by country, they typically fall into one of the following groups:

M’Naghten’s Law
Test of Irresistible Impulse
Durham’s Rule
The Legal Insanity Test under the Model Penal Code
Accidental homicide

It is occasionally possible to prove voluntary manslaughter and so reduce the allegation to involuntary manslaughter by demonstrating that the homicide was the consequence of an accident. A voluntary manslaughter has an element of intent, as the phrase suggests. A person who commits voluntary manslaughter had the complete purpose to murder or seriously damage the victim, even if it happened in the throes of passion.

On the other hand, an involuntary manslaughter is the outcome of carelessness or recklessness. An involuntary manslaughter may have been committed negligently, but the offender did not intend to kill or seriously hurt the victim. The defendant may be able to change the accusation to involuntary manslaughter if they can demonstrate that the victim’s death was the result of an accident rather than an intentional act.

For instance, Adam and Bob may argue in a parking lot, at which point Adam, furious, gets in his car and begins to drive away. Adam murders Bob’s girlfriend when he smashes her with his automobile while being distracted by his rage. Adam is accused of voluntary manslaughter even though he didn’t mean to hit her. The charges should be dropped to involuntary manslaughter if Adam can demonstrate that it was his negligence rather than any malicious intent that led to her passing away.

Intoxication

A person’s intoxication typically won’t absolve them of criminal activity unless it was an unconscious intoxication (if they were drugged against their will, for instance). This is especially true for defenses involving voluntary manslaughter. Intoxication may successfully reduce a murder charge to one of manslaughter, but it is not a particularly effective defense against a manslaughter accusation. In fact, one of the circumstances under which the crime of manslaughter was created was an inebriated homicide.