The Distinction betwen Homicide and Murder Crime the same in Fort Myers, Florida
A criminal defense lawyer might need to explain both terms altogether so his or her clients would know their differences because they are not entirely the same.
What is homicide? Under Florida law, it means the killing of one human being by another human being. Although you may think of them as one and the same, homicide may not always be a crime, but murder always is.
The act of killing a person is divided into two according to Florida Law: murder and manslaughter. As with murder, it is categorized into three degrees, with first degree murder as the gravest offense.
A criminal law Fort Myers FL attorney may explain to you that the key difference between murder and manslaughter is that the latter is committed without malice while the latter is done with malice.
A third degree murder is done when you unintentionally kill a person while doing or attempting to do a non-violent crime.
A second degree murder is the unlawful and intentional killing that lacks the element of premediation. The accused must show a depraved mind and disregard for human life in order to be convicted.
A first degree murder on the other hand includes premediated killings, felony murders, and murders committed during specified drug dealing crimes.
Manslaughter, on the other hand, can be divided into voluntary manslaughter, involuntary manslaughter, and DUI manslaughter. Voluntary manslaughter is unlawful intentional killing but it differs from murder because the killing is done out of heat of passion or emotional response. Involuntary manslaughter happens when the person is find to have acted with culpable negligence that resulted to the death of another person. DUI manslaughter happens when a person who is under the influence of alcohol or controlled substance causes the death of another, whether directly or indirectly.
As your criminal defense lawyer may put it, usually, penalties for murder, especially that of the first degree, is higher than that of homicide or manslaughter.
Why did we say that homicide may not always be a crime earlier? That is because there is this circumstance called a justifiable homicide. Killing another person is justifiable and lawful if done while resisting someone who sit trying to kill you or commit a crime against you.
Need a criminal law Fort Myers FL? Try calling Peter M. Dennis Law P.A. at (239) 800-0399 or browse at https://www.peterdennislaw.com/criminal-defense/ for a free initial consultation for people in Fort Myers, Cape Coral, and Lehigh Acres Florida.
