What is the difference between homicide and premeditated homicide

As the phrase suggests, this applies to situations where the defendant caused the death of another person due to criminal negligence. It is more than ordinary negligence in that it requires some degree of gross deviation from the normal standards of what is considered civilized conduct. One example of criminal negligence is hazing. For instance, say a college fraternity decides to initiate new members or pledges by forcing them to drink a large amount of alcohol in a short period of time.

As a result, a pledge dies of alcohol poisoning. Prosecutors could charge the fraternity leaders who orchestrating and supervised the event and hazing with criminally negligent homicide. While still a serious offense, criminally negligent homicide is the lowest degree of homicide in Texas. It is a state jail felony. Keep in mind, however, that the line separating criminally negligent homicide and manslaughter can be tricky, and aggressive prosecutors may try and pursue the second-degree felony manslaughter charge when plausible.

If you are facing any of the homicide charges described above, you need to call an experienced Galveston criminal defense attorney as soon as possible. A murder or manslaughter charge will not simply disappear just because you tell the police you are innocent.

You need a lawyer who will aggressively represent your interests in court and defend you to the best of their ability. For example, in many homicide cases, the evidence only supports a manslaughter charge at best, yet the district attorney insists on prosecuting the case as a murder.

But if the prosecution cannot prove you acted with premeditation, then a jury must acquit you of murder. Similarly, a prosecutor may pursue a case of criminally negligent homicide as manslaughter. Having a qualified defense lawyer at your side can help you negotiate a plea agreement to a more appropriate—and less severe—charge in some cases.

If you need legal representation or advice, contact Mark Diaz, criminal defense attorney, today at to schedule a free consultation.

Second-degree murder is murder without any preconceived intention of killing. The penalty for second-degree murder is up to 15 years to life in prison. Felony murder is a subset of first-degree murder and is charged when a person is killed during the commission of a felony, such as a robbery or rape. Manslaughter Manslaughter is a homicide that is the unintentional killing of another person.

Voluntary manslaughter occurs when a person kills another without any premeditation. An example of voluntary manslaughter is killing committed in the heat of the passion. The intent was to kill another person or inflict bodily harm, however, the action was not premeditated. The provocation must be such that a reasonable person under the same circumstances would have acted the same way.

Premeditated murder and homicide may receive the maximum allowable sentence after a conviction. Second degree murder is similar to first but without premeditation. This may also encompass murder and homicide that occurred because the perpetrator exhibited dangerous behavior without the intent to kill. Second degree murder may be assigned to crimes of passion as well, an illustration of which is when one spouse kills the other. Third degree murder is also manslaughter, and this variation is used only in some cases.

The statutes that define third degree murder are likely to vary considerably among jurisdictions. Jeany Miller. Please enter the following code:. This last kind of first degree murder is called felony murder. Most people equate premeditation with long term planning. Premeditation often is defined as any planning or design to cause the death before the act of killing occurred.

Second degree murder usually includes all intentional killings that are not premeditated, and some killings that resulted from conduct so reckless it showed a grave indifference to the sanctity of human life or the welfare of others. As mentioned above, felony murder is a subset of either first degree murder and, in some criminal codes, voluntary manslaughter.

Common examples of this include the get-away driver in a convenience store robbery who is charged with felony murder after the actual robber shoots the clerk. Or, the burglar who inadvertently scares a home owner so badly that the home owner dies of a heart attack.

There have even been cases when a defendant has been convicted of felony murder for the death of his co-conspirator.