The Difference Between Murder And Manslaughter

When someone dies, and someone else is at fault, it can often result in very serious criminal charges. Generally, when you think of someone killing another person, you think of the offense of murder. However, there are many situations in which someone will instead face lesser charges of manslaughter.

While both murder and manslaughter involve causing the loss of life, there are important legal distinctions between the two. If you are arrested or charged with either type of crime, however, you are facing very serious penalties if you are convicted, and it is essential that you seek help from a highly experienced Montgomery criminal defense lawyer immediately.

Murder Charges in Alabama

Put simply,

murder is homicide when one of the following are proven by the prosecutor:

The offender had the intent to cause the homicide (intentional murder) - The prosecutor must provide evidence that the offender had reasonable time to consider the consequences of their conduct, and they still voluntarily decided to commit the act, which caused the death of another person.

The offender acted in a manner that displayed an extreme difference to human life (reckless murder) - Even if someone did not have the specific intent to kill another person, acting recklessly in a manner they knew or should have known could be fatal to another person can be charged as murder.

The offender caused the death while committing a certain felony (felony murder) - Murder charges can be brought if someone dies during the commission - or attempt - of specific other felony offenses, such as first-degree arson, first-degree kidnapping, first or second-degree burglary, first-degree robbery, first-degree rape, or any other felony offense that is dangerous to others.

Murder is a Class A felony, and the potential consequences include 10 years to 99 years in prison, with the possibility for some offenders of life in prison or capital punishment. The minimum imprisonment can be increased to 20 years with an enhancement for the use of a firearm or deadly weapon. Because murder can result in the most severe penalties allowed by state law, you need to present the most aggressive defense possible.

Manslaughter Charges in Alabama

Manslaughter also involves causing the death of another person, but the circumstances under which the death occurred are different from murder cases. Manslaughter can involve one of the following:

●    The offender acted recklessly, which caused the death of another person
●    The offender committed reckless murder but was provoked and experienced a sudden heat of passion, and the act was committed before there was reasonable time to think or act reasonably

Reckless behavior that leads to manslaughter might include driving under the influence and causing a fatal crash. A common example of heat-of-passion manslaughter is catching your spouse in an adulterous act and reacting violently, which causes death.

Manslaughter is a Class B felony, which can mean two to 20 years in prison. It is important to ensure you are not improperly convicted of murder when the circumstances only warrant a manslaughter charge.

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Speak with a Montgomery Criminal Defense Lawyer Right Away

At Luck Law, we take on tough cases involving murder and manslaughter charges. If you need help from a Montgomery criminal defense attorney,

contact us as soon as possible to discuss how we can help.

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