Taking a life is always a serious offense, but New York law makes distinctions in how cases should be treated based on whether the charges involve manslaughter, murder, or homicide. Although all three terms are related, they aren’t interchangeable, and each one can result in different consequences. While a criminal law firm is the best place to seek clarity on this topic, the following information will provide you with some valuable insight.

How Manslaughter, Murder & Homicide Differ

Manslaughter 

Manslaughter is considered to be an unlawful killing that lacks premeditated malice, the intent to kill, or a disregard for life. Manslaughter can either be voluntary or involuntary, depending on the defendant’s mental state at the time the alleged crime was committed. In New York, voluntary manslaughter applies to situations in which an individual causes another’s death while under extreme emotional duress or acting with intent to cause serious physical harm. Involuntary manslaughter occurs when someone’s death is inadvertently caused by reckless behavior. All types of manslaughter are classified as felonies.  

Murder 

Murder is the unlawful killing of a human being  acted out with malice and  forethought. Under New York law, a defendant can be charged with first-degree or second-degree murder. First-degree murder is reserved for special circumstances, such as when the victim was a police officer, peace officer, judge, firefighter, or any other first responder; the offender was already serving 15 years or more in prison; the killing was for hire or to prevent witness testimony at trial; the death took place during an act of terrorism; or the victim was killed while other crimes were being committed. All types of murder are considered felonies. 

Homicide 

Homicide is a broad term meant to encompass both manslaughter and murder offenses. It can also include abortions performed in violation of New York state rules. However, unlike manslaughter and murder, some homicides are justifiable. The law may deem a homicide legal if it’s done in self-defense, during wartime combat, or when defending the life of someone else. Despite this, many defendants still need the help of a criminal law firm to prove a homicide was necessary or unavoidable. New York also includes a statute for criminally negligent homicide, which is applicable if a defendant causes the death of another while engaging in criminally negligent behavior. 

If you’ve been charged with any of these offenses, having a reputable criminal law firm on your side is essential. With more than 40 years of experience representing residents throughout New York’s Monroe, Orleans, Niagara, and Genesee counties, Larry R. Koss Law Firm has earned a solid reputation for utilizing effective defense strategies. Rest assured that they’ll give your case the attention it deserves and fight aggressively to protect your rights and freedom. Schedule a free consultation by calling the Brockport criminal law firm at (585) 637-3961. Learn more about their services online.