Murder and Manslaughter

1st degree murder, 2nd degree murder, manslaughter, and attempted murder

Culpable homicide is either murder or manslaughter.  Culpable basically means blameworthy or criminal conduct.

A person that intentionally causes the death of another human , or intentionally causes bodily harm likely to cause death can be found guilty of murder unless they have a defence.  

Murder is either first degree murder or second degree murder.  This categorization depends on the circumstances in which the offence was committed.   For example, a murder will be considered a first degree murder if it occurred in the context of a forcible confinement or if it was planned and deliberate.

Culpable homicide that is not murder is manslaughter.  If a judge or jury finds that the homicide is culpable, it must then decide what was the intent of the accused.   If the accused did not intend to commit murder then they may be found guilty of manslaughter.

Sometimes, in certain factual scenarios, provocation may cause what would normally be a murder to become a manslaughter.

Murder, Attempted Murder and Manslaughter can all attract life sentences.  First Degree Murder attracts the mandatory sentence of life imprisonment without parole for twenty five years.  Second Degree Murder also attracts a mandatory life sentence but parole eligibility will vary.  Manslaughter and attempted murder do not have mandatory life sentences.

Adam Weisberg has obtained acquittals in both murders and attempted murders.  An experienced lawyer is definitely required to defend allegations involving culpable homicide.

If you, a friend or relative is charged or being charged with murder please contact Adam Weisberg immediately.