Anyone found guilty in a murder or manslaughter case faces severe penalties, usually a high number of years in prison. Homicide is understood to be the action of killing a person involuntarily, while murder consists of killing a person as long as certain requirements are met, such as treachery, the possible reward after the death of a person and cruelty.
Both homicide and murder have different modalities, that is, different degrees of guilt.
Understanding treachery is key to determining whether the act of killing is homicide or murder
In a criminal action there is treachery when the offender acts treacherously against someone and with the total certainty that he will cause harm. Thus, if someone kills another person from behind using a firearm, it would be a treacherous murder. Of course, it is an aggravating factor when judging the criminal's conduct.
In first grade
A murder normally receives this classification when someone knows with certainty that their behavior will result in the death of a person. For this reason, the murder is considered premeditated, that is, someone intends to kill and acts in full awareness of it.
As a general criterion, cases of poisoning or strangulation are the most typical within this modality, since such actions imply a deliberate attitude on the part of the accused.
On the second grade
Unlike first degree murder, second degree murder occurs when there is no premeditated plan associated with the act of killing. This criminal category occurs in those cases in which someone dies as a result of recklessness.
If an individual beats another and the latter eventually dies, the aggressor's action may be considered involuntary manslaughter as long as it is shown that there was no intention to kill and that the death is the result of an accident.
In third grade
The death of one or more persons is classified as a third degree homicide when the person responsible for the death has acted irresponsibly or recklessly. Consequently, the law punishes the lack of care and lack of good sense in the person who has caused the death of another.
This degree is quite common in those cases in which a driver runs over a pedestrian as a result of irresponsible driving.
Homicide in legitimate defense
If someone kills another person in defense of their own life, such action can be considered justified and for this reason it is called self-defense.
This legal figure is universal and is based on the instinct of preservation of human beings.
Photos: Fotolia - oktofrus / joebakal
