There are many similarities between murder and manslaughter. They are both felonies. They are both crimes against a person, and they are the two types of homicide. However, despite these similarities, these two crimes have different legal meanings. In short, the difference between murder and manslaughter comes down to the killer’s state of mind. Murder is more serious than manslaughter because it requires the killer to have maliciously pre-planned the death of another person. Manslaughter is killing another person unintentionally or not premeditated.
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Murder Vs. Manslaughter: Key Differences
In criminal law, murder and manslaughter are the two most serious types of homicide. A homicide is defined as the killing of another person. The actions and state of mind of the killer determine whether the homicide is murder or manslaughter. Simply put, if the killer intended to cause the death of their victim and planned their death in advance, then it is murder. If the killer didn’t plan the death of the victim in advance or if they didn’t intend to kill the victim but acted with reckless regard for human life, then it is manslaughter.
In most jurisdictions, the penal code defines two degrees of murder: First-degree murder and second-degree murder. Murder in the first degree is more serious than murder in the second degree and carries the death penalty, in many states. Manslaughter is also divided into two categories based on whether it was an intentional killing (voluntary manslaughter) or an unintentional killing (involuntary manslaughter).
The legal definitions vary from state to state, but in general, these four crimes are defined more or less the same except for each one adding an element to increase the severity of the crime based on the killer’s mental state. That means that first-degree murder is second-degree murder plus the element of pre-planning, second-degree murder is voluntary manslaughter plus the element of malice aforethought, and voluntary manslaughter is involuntary manslaughter plus the element of intent. In order of severity, from most serious to least:
— First Degree Murder
First-degree murder is the most serious of all types of homicide. For first-degree murder, the killer has intentionally caused the death of another person and did so with malice aforethought. Malice aforethought is the legal term for premeditating, or pre-planning, the intended death of another.
Felony murder, in many states, is a subset of murder in the first degree. Felony murder is when the murder was committed during another serious felony offense, such as rape, robbery, or arson. An example of this would be the offender planning to break into the victim’s home, sexually assault the victim, and then kill the victim. That would be murder in the first degree and felony murder because the killer had premeditated the attack and killed the victim after committing a serious felony.
— Second Degree Murder
Second-degree murder is first-degree murder without the element of premeditation. This means that the killer still had the deliberate intent to kill the victim, but they didn’t plan it out. Malicious intent is often proven through the actions of the murderer. A common example of second-degree murder is when two people are arguing, and one calls the other a name. In response, the second person takes out a gun and shoots the victim. They intended the death of the victim, and although the death wasn’t pre-planned, they were not acting in the heat of passion either. Some states have also expanded malicious intent to include:
- The intentional infliction of bodily harm that causes the victim’s death
- Behavior that shows an extreme, reckless disregard for life and results in the victim’s death
An example of this would be if a killer shot a gun into a heavily crowded public place. The killer planned to commit the act and acted with such an extreme and reckless disregard for human life that they caused the death of the victim, even if they didn’t specifically intend for that victim to die.
— Voluntary Manslaughter
Voluntary manslaughter is murder without premeditation or malicious intent. The killer still intends for the victim to suffer serious bodily harm or die through their actions, but they didn’t plan it first. Instead, they were strongly provoked. This is commonly known as “killing in the heat of passion.”
A common example of voluntary manslaughter is when a husband walks in on his cheating wife, and in the heat of the moment, he is so overcome with emotion that he kills her and her lover. He intended their deaths, but he had no “cooling off” time to plan their deaths in advance.
Note that in some states, there is no difference between voluntary manslaughter and murder in the second degree.
— Involuntary Manslaughter
Involuntary manslaughter is voluntary manslaughter without intent. The victim still died because of the killer’s unplanned actions, but the killer didn’t mean to kill the victim. This is not to say that it was a complete accident. Involuntary manslaughter still requires the killer to act with a reckless disregard for human life or criminal negligence.
The most common instance of involuntary manslaughter is seen with a drunk driver getting behind the wheel and causing a fatal accident. Even if the drunk driver didn’t intend to, they still acted recklessly when they took the other person’s life. This specific example is also called vehicular manslaughter or vehicular homicide in some jurisdictions.
Consequences For Murder
The consequences of murder differ based on the level of intent. The higher the intent, the more serious the punishment. The levels of intent are divided by degrees: First-degree murder, having a higher intent, therefore has a higher consequence; and second-degree murder, having a lower intent, therefore has a lower consequence than first-degree murder. Each state’s penal code sets its own mandatory minimums, meaning the judge or jury cannot sentence a defendant to less than the statutory requirements. Therefore, the consequences of murder vary from state to state. In California, for example:
- First Degree Murder Charges: The punishment is 25 years to life imprisonment.
- Second Degree Murder Charges: The punishment is 15 years to life imprisonment.
Note that in almost every state, there are additional, aggregate factors that can add “special circumstances” that make a case even more severe. These include the defendant having previous criminal convictions, murdering a special victim such as a military or police officer, or torturing the victim in a cruel manner beforehand. Aggregating factors can increase the level of punishment. For example, for first-degree murder, aggregated factors can elevate the punishment to life imprisonment without the possibility of parole or even the death penalty.
Consequences For Manslaughter
The consequences of manslaughter also differ based on the level of intent. Like with murder, the higher the intent, the more serious the punishment. The levels of intent are not divided by degrees, but rather whether it was an intentional killing, voluntary manslaughter, or if it was an unintentional killing, involuntary manslaughter. Voluntary manslaughter, having a higher intent, has a higher consequence, and involuntary manslaughter, having a lower intent, has a lower consequence. Each state’s penal code sets its own mandatory minimums, meaning the judge or jury cannot sentence a defendant to less than the statutory requirements. Therefore, the consequences of manslaughter vary from state to state. In California, for example:
- Voluntary Manslaughter Charges: The punishment is up to 11 years in prison.
- Involuntary Manslaughter Charges: The punishment is up to 4 years in prison.
Just as with murder, aggregated factors can increase the level of punishment for manslaughter. Alternatively, there are also mitigating factors that can lessen the severity of a sentence for manslaughter (or murder) or even have the charges decreased to a misdemeanor. These include the defendant’s age and lack of criminal history, if the defendant takes responsibility for their actions and shows true remorse, or if the killing was an act of self-defense.
The Bottom Line
Murder and manslaughter are both felony criminal charges and are the two most serious types of homicide. Murder is the intentional killing of another person with malice aforethought. Murders are premeditated, pre-planned, and committed with malicious intent. Manslaughter is the killing of another person without premeditation or sometimes even without intent. Even though manslaughter is less severe than murder, it is still a very serious offense, and both require a criminal defense attorney.
Frequently Asked Questions
What is the difference between first-degree and second-degree murder?
The difference between first-degree and second-degree murder is the level of pre-planning or whether the murder was committed in conjunction with another serious felony. Both require the killer to have malicious intent. However, first-degree murder is premeditated or pre-planned. A subset of first-degree murder is felony murder, so alternatively, second-degree murder could rise to the level of first-degree if it was committed with another serious crime such as rape, robbery, or arson. First-degree murder is a capital offense for which the accused could receive life imprisonment without the possibility of parole or even the death penalty in some states.
What is the difference between murder and homicide?
Homicide is the killing of one human being by another. This is a large category, and murder is just one type of homicide. Homicide is not necessarily a crime, as although some homicides are the unlawful killing of another, some homicides can be justifiable. Murder is an intentional, unlawful form of homicide, meaning the person intended the death of another and pre-planned the act. Manslaughter is the other type of criminal homicide.
What is the difference between voluntary and involuntary manslaughter?
The difference between voluntary manslaughter and involuntary manslaughter is the mental state of the killer. Both do not require the death to be pre-planned; that would be murder. However, voluntary manslaughter is when the killer intends the victim’s death but acts in the heat of passion, whereas involuntary manslaughter is when the killer acted recklessly or negligently, and their recklessness or negligence caused the unintentional killing of a human being. Voluntary manslaughter is more serious and has greater punishments than involuntary manslaughter.
What defenses are available if I’m accused of murder or manslaughter?
The most common defense for a murder charge or manslaughter charge is acting in self-defense or defense of another. However, these defenses must be argued by a defense attorney in a court of law. If you are accused or charged with murder or manslaughter, you should seek legal advice from a criminal defense attorney in your state.