While the terms murder and manslaughter are often confused, in a legal context, they are completely distinct charges. They are similar because they both constitute homicide, but where they differ is intention. Here is a brief guide to each of these serious charges so you better understand the differences between the two.  

Murder vs. Manslaughter

Murder

Murder implies the defendant intended to kill the other individual. When a person becomes enraged, pulls out a gun, and intentionally shoots someone else, this is considered murder. If two individuals get into a heated argument, begin throwing punches, and one uses a knife to kill the other, this would likewise typically be considered murder. In general, any case where the prosecution can prove premeditation or intent to kill may result in a first- or second-degree murder charge.

Manslaughter

In contrast, a charge of manslaughter would be brought if an individual killed someone else without meaning to. If a person was texting and driving and crashes, resulting in the death of a pedestrian, this would typically be considered manslaughter. If the courts can prove the driver acted recklessly, then the defendant may assume some of the blame for the death of the individual, even if they did not intend to kill them.

If two individuals embroiled in a heated argument begin lightly pushing each other, and one accidentally pushes the other down a steep flight of stairs and kills them, it might also be considered manslaughter in the court of law. Arguably, the individual didn’t mean to kill the other, even though they were fighting.

While manslaughter remains a serious crime, due to the reduced blame involved, the punishments are generally much less severe than for instances of murder.

Ultimately, it is up to the judge and jury to determine the precise nature of the crime as well as a fair punishment. If you’ve been charged with manslaughter, reckless driving, or another crime, contact a criminal defense attorney who can help. To secure the most favorable outcome for your case, look no further than David S. Washington Jr. in Hamilton, OH. Call the law firm today at (513) 751-1400, or visit the website for more information.