Homicide is the killing of another human being. Murder is an unlawful homicide with malice aforethought. Therefore, homicide is an umbrella term that includes more situations where someone gets killed, such as lawful killings or those without malice aforethought, also known as manslaughter. Murder is a type of homicide.
Differences between murder and homicide
This chart summarizes the differences between murder and homicide:
| Murder | Homicide | |
| It is the killing of another human being | Yes | Yes |
| It is always a crime | Yes | No |
| Requires malice aforethought | Yes | No |
| There are different degrees | Yes | No, though there are numerous different types of homicide, including murder, manslaughter, and justifiable homicides in self-defense |
| Requires an intent to kill the victim | Yes, except for felony murders | No |
| Can be justified, such in self-defense | No | Yes |
Basically, murder is a type of homicide. It is the type of homicide that requires malice aforethought and unlawfulness.
Homicide
Homicide is the overarching legal term for all acts of killing another human being. This legal definition includes non-acts or omissions that lead to the death of another person.[1]
Homicides can be:
- lawful, or
For example, if you kill someone else in self-defense, it would be a justifiable homicide.
They can also be:
- premeditated and deliberated,
- intentional,
- the result of recklessness,
- unintentional, or
- a result of negligence.
Most states do not have specific criminal statutes for homicide. Instead, they have statutes that prohibit the unlawful types of homicide, such as murder or manslaughter.
Murder
Murder is the unlawful killing of another person with malice aforethought.[2] It is a type of homicide. It is also a criminal act.
You act with malice aforethought if you behave with either:
- the specific intent to kill the victim, or
- a conscious disregard for life.[3]
Most states have multiple degrees of murder.[4] Generally, though, there will be 2 degrees, based on whether there was premeditation.[5]
Most states also have separate laws for felony murder.
All of these are types of homicides.
First-degree murder
First-degree murder is the intentional killing of another person with both malice aforethought and premeditation or deliberation.
You act with premeditation or deliberation if you weigh your options before deciding to kill someone. Evidence that you acted with premeditation or deliberation would be if you:
- came up with a plan to kill the victim,
- created an escape route,
- lied in wait for the victim, or
- went about collecting weapons before the murder.
Under many states’ legal systems, first-degree murder can be capital murder, which carries the death penalty.
Second-degree murder
Second-degree murder is the intentional killing of someone else with malice aforethought, but without premeditation or deliberation.
Generally, this is any murder that is not a first-degree murder.[6]
Felony murder
Many state criminal laws treat felony murder separately. This is when you kill someone in the commission of a dangerous felony.[7]
Note that felony murder needs neither malice aforethought nor premeditation or deliberation. So long as the death is directly related to the felony, it is a felony murder.[8]
Penalties
Murder convictions are some of the most serious that you can face. The penalties are among the highest that can be imposed on you. In some states, first-degree murder carries the death penalty.
In California, for example, murder convictions carry:
- life in prison without parole or capital punishment (the death penalty) for first-degree murders with special circumstances,
- 25 years to life in prison for all other first-degree murders, and
- 15 year to life in prison for second-degree murder.[9]
Felony murders are split between first- and second-degree offenses and carry:
- 25 years to life, or the death sentence, for first-degree felony murders, and
- 15 years to life for second-degree felony murders.[10]
Manslaughter charges
In addition to the various types of murder, homicide also includes manslaughter. Manslaughter is the unlawful killing of another human being without malice aforethought.
There are two types of manslaughter, depending on whether you intended to kill the victim:
Both of these are also types of homicide.
Voluntary manslaughter
Voluntary manslaughter is the intentional, unlawful killing of someone without malice aforethought. Also called “heat of the moment” manslaughter, it happens when you form the intent to kill in the instant before you act on it.
Because there is no malice aforethought, voluntary manslaughter carries lower penalties for a conviction. In California, it carries from 3 to 11 years in prison.[11]
Involuntary manslaughter
Involuntary manslaughter is the unintentional, unlawful killing of someone through criminal negligence or a reckless disregard for human life.
A common example of involuntary manslaughter is driving under the influence (DUI) and causing a fatal car crash. This is also known as vehicular manslaughter.
Because there was neither malice aforethought nor intent, the penalties are lower for involuntary manslaughter than for other unlawful forms of homicide charges. In California, convictions typically carry between 2 and 4 years in prison.[12]
Note, though, that even this least serious crime of homicide is still a felony and not a misdemeanor.
Common legal defenses
The criminal defense lawyers at our law firm have had success with several legal defense strategies to criminal homicide or murder charges.
One is self-defense. It can be a justifiable homicide if you end a person’s life while:
- in the reasonable belief that you were about to suffer a bodily harm,
- in the reasonable belief that the immediate use of force was necessary to defend against that danger, and
- using no more force than was reasonably necessary.[13]
This is a complete defense. If successful, it can lead to an acquittal.
Another is a lack of intent. Law enforcement has to prove, beyond a reasonable doubt, that you possessed the requisite state of mind for the criminal charges. If the charges require evidence that it was a premeditated killing, evidence showing that it was accidental or happened in the heat of passion can make a big difference.
In many cases, the criminal defense attorneys from our law office have used evidence that it was an unintentional killing to secure an acquittal or a favorable plea bargain.
Legal Citations:
[1] Black’s Law Dictionary – “Homicide.”
[2] Black’s Law Dictionary – “Murder.”
[3] Lara v. Ryan, 455 F.3d 1080 (9th Cir. 2006).
[4] See, for example, Florida Statutes 782.04, which also has a third-degree murder.
[5] See, for example, California Penal Code 187 PC.
[6] See California Penal Code 189(b) PC.
[7] See, for example, Colorado Revised Statutes 18-3-103(1)(b).
[8] See People v. Jones, 56 Cal.App.5th 474 (2020).
[9] California Penal Code 190 PC.
[10] Same.
[11] California Penal Code 193 PC.
[12] Same.
[13] See California Criminal Jury Instructions (CALCRIM) No. 3470.
