Homicide is the unlawful taking of the life of another either through murder or manslaughter. The charge of manslaughter means there was no malice (active ill will or a wish to hurt others) involved in causing the death.
Murder is defined as follows:
- Loss of life resulting from an intent to commit any felony
- Loss of life resulting from conduct with a “depraved heart” (showing a lack of concern for human life)
- Loss of life as the result of an intention to cause grievous injury
Whether the charge is Murder in the First Degree (premeditated) or Murder in the Second Degree (not premeditated), conviction can result in life imprisonment and under “special circumstances” such as killing a judge or police officer, may result in the death penalty. Effective defense against any homicide charge involves taking an aggressive approach to prove the prosecution’s facts are in error and our client is innocent.
