Criminal defense attorney Michael Becker explains the difference between manslaughter and murder in California criminal law.
More info at [ Ссылка ]
or call (855) 999-7755 for a free consultation.
Murder and manslaughter are two similar crimes categorized as the unlawful killing of another person. However murder and manslaughter differ in that murder involves killing with malice aforethought or with reckless disregard for human life, and manslaughter is murder without malice.
An example of murder by killing with malice aforethought is buying a gun and driving to someone's house, waiting until their spouse leaves for work, and sneaking in and killing them. Because the crime involved planning (buying the gun and driving to the victim's house) and risk aversion (waiting until a potential witness left the area), it showed a conscious intention to kill a person, which is murder. An example of murder by killing with a reckless disregard for human life would be throwing bricks from the top of a building onto a busy street down below. Although the person throwing the bricks may not have had an intent to kill, or a specific target in mind, it was reasonable to assume that someone could be killed by the falling bricks, and the action showed a conscious disregard for human life, which is also a form of murder.
An example of manslaughter that does not rise to the level of murder, is someone who comes home to find their spouse cheating on them with a secret lover, and immediately grabs a gun that is next to the bed and kills them both. Because the crime did not involve any planning, and it happened in the heat of passion when the killer was enraged and not acting rationally, it is a clear case of manslaughter because it did not involve any malice aforethought.
Whether charged with murder or manslaughter, there are a few defenses which a skilled and experienced criminal defense attorney can use to win criminal cases for their clients. 4 of the best defenses to murder and manslaughter charges are:
1.) Lawful self-defense or defense or others, such as a home intruder or someone who attacked you or friend or family member and put that person in reasonable fear or death or serious bodily injury.
2.) An accident, such as a gun that you thought was unloaded, but it fired and killed someone.
3.) Someone else did the killing, such as a situation when you were merely present, but had no involvement in the murder or criminal activity, or where you were misidentified by a witness and you were nowhere near the area where the crime occurred, or someone who lied to get you into trouble and is trying to frame you.
and 4.) Police misconduct, such as illegally obtained evidence, or a confession that was coerced by the police.
If you or a loved one is charged with a crime we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.
