What’s the Difference Between Homicide and Murder in Criminal Law?

 While the terms homicide and murder are often used interchangeably colloquially, they represent two important and different concepts under criminal law. While both describe the killing of a person, only one (murder) is necessarily a crime. In this article, the Delaware criminal defense lawyers at Michael W. Modica, Attorney at Law, will discuss the difference between these two concepts under criminal law.

What is homicide? 

Technically speaking, homicide is the killing of one person by another. It could be legal or illegal. Homicides can result from negligence, accident, or recklessness. Sometimes homicide results from self-defense. In some cases, homicide occurs without the intention to kill the victim.

For example, a man may kill another man in self-defense. The coroner would rule the victim’s death a homicide. However, the law couldn’t necessarily hold the man who defended himself responsible for the death because self-defense is a valid legal argument against murder. In certain situations, the killing of another person does not constitute a crime.

In addition, homicide crimes can be classified into several offenses of varying degrees. Murder is one of the homicide crimes. All murders are homicides, but not all homicides are murders.

What is murder? 

A murder occurs when one person intentionally takes the life of another unlawfully and with malice aforethought. Malice aforethought is a legal concept that requires an individual to have a “guilty mind” or illegal intent. Murder in the First Degree, Murder in the Second Degree, and Aggravated Murder are all considered Class A-1 felonies, which are punishable by up to 15 to 40 years in prison or life without the possibility of parole. Murder is a homicide that involves the illegal killing of a person. Generally speaking, it requires intent.

Understanding the difference 

Homicide and murder are both similar since both involve the killing of another person. When death occurs due to criminal intent, we call it murder. When death occurs legally or due to negligence, we call it homicide. For example, if you kill someone while driving under the influence of drugs or alcohol, that is considered a homicide. If you kill someone in self-defense, that is also considered a homicide. If you kill someone to steal their wallet, that’s considered murder. Murder and homicide are often categorized by degrees that reflect the perpetrator’s intent and the severity of the crime.

As stated previously, murder requires malicious intent. Murder is a type of homicide involving malicious intent and forethought. For that reason, the penalty for homicide is generally much less severe than the penalty for murder.

Talk to a Wilmington, DE, Criminal Defense Attorney Today 

Michael W. Modica represents the interests of those who have been charged with serious crimes in Wilmington, Delaware. Call our Wilmington criminal lawyers today to schedule an appointment, and we can begin preparing your defense immediately.