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Valencia, Ippolito & Bowman - Homicide
Lawyers in San Jose
The Legal Differences between Murder and Homicide
The
terms murder and homicide are frequently interchanged; however, there is a difference between the
two. Homicide is the killing of one person by another. Murder is a form of criminal
homicide, where the perpetrator intended to kill the other person, sometimes with premeditation (a
plan to kill). Manslaughter is another type of criminal homicide.
Homicides are
criminal, excusable, or justifiable. A criminal homicide is unjustifiable, with
consequences being severe. An excusable or justifiable homicide is one without criminal intent
to kill someone. Examples of excusable or justifiable homicide would be someone killing
someone else as a means of self defense, or defending another person, or law enforcement who kills
someone in the line of duty.
Murders are classified in different degrees depending on the
gravity of the crime and the intent of the perpetrator. The classifications of murder are
first degree, second degree, and third degree or manslaughter. Some states do not use the
classification of third degree murder.
In first degree murder, there is premeditation and
cruelty with afterthought. In California, a killing that may not have been intentional but
happened because of a crime such as rape, robbery, arson, or kidnapping may be considered first
degree murder. A murder with the use of a deadly weapon such as a gun will increase the jail
term for the perpetrator.
Second degree murder is similar; however, it shows no
premeditation. Manslaughter or third degree murder is an act to harm someone that results in
death.
If you or a loved one is accused of committing a murder or homicide, you
can achieve the best outcome for your case if you consult with murder
attorneys in San Jose that handle these types of violent cases.
A strong
murder defense and investigative tactics can only help your case. Likewise, if you or a family
member was falsely accused of murder or homicide, there is a lot at stake. Find a law firm who
has a proven track record for successfully defending accused murderers.
Please call our office as soon as possible to arrange a free consultation, an experienced criminal law firm in San Jose, Valencia, Ippolito & Bowman.
Valencia, Ippolito & Bowman
991 W.
Hedding, Suite 202
San Jose, CA 95126
Phone: 408-920-9720
