Murder vs. Homicide: What’s the Difference

When it comes to serious legal issues where a person has died, the words “murder” and “homicide” come up. But are they the same? No, murder and homicide are not the same, although they are related. Homicide is one person killing another. Murder is a type of homicide that is unlawful and intentional. This is important because it determines how charges are filed and penalties are handed down in court.

• What’s the Difference Between Murder and Homicide?
  
• Homicide: The Broad Term
  
• Murder: A Type of Homicide
  
• Manslaughter: Another Type of Unlawful Homicide
  
• Defenses for Homicide Charges
  
• Why You Need a Lawyer
  
• Conclusion: Homicide and Murder Explained
  

What’s the Difference Between Murder and Homicide?

To understand the difference between murder and homicide you have to get into the legal definitions and the nuances. Homicide is a broad term that includes any one person killing another. Murder is a more specific legal term that involves intent and malice.

Homicide: The Broad Term

Homicide is a legal term that means one human killing another. This includes a lot of different circumstances, some of which are lawful and some of which are not.

Types of Homicide

• Lawful Homicide: This is when the killing is justified by law, such as self defense, execution by the state or military personnel in combat. These do not carry criminal penalties because they are necessary and legal.
  
• Unlawful Homicide: Unlawful homicides include murder and manslaughter. These are criminal offenses because they are unjustified and illegal taking of another person’s life. The intent, circumstances and degree of recklessness involved determines the type of unlawful homicide.

Murder: A Type of Homicide

Murder is a type of unlawful homicide. It’s defined by the presence of “malice aforethought” which means the person intended to kill or acted with reckless disregard for human life. This is what distinguishes murder from other types of homicide such as manslaughter where intent may be absent or less clear.

Degrees of Murder

Murder charges are often classified into degrees, depending on the crime and the state of mind of the perpetrator.



• First-Degree Murder: This is the most serious type of murder, involves premeditation and intent. The person planned the killing in advance and carried it out with purpose. Because of the planning involved, first-degree murder often carries the stiffest penalties, life imprisonment or death penalty.
  
• Second-Degree Murder: This type of murder also involves intent but lacks premeditation. The act may be impulsive or in the heat of the moment but still involves intent to kill or cause serious harm.
  
• Felony Murder: In some places, a person can be charged with felony murder if someone dies during the commission of a dangerous felony even if death was not intended. This type of murder shows how serious the law takes actions that recklessly put human life at risk.

Manslaughter: Another Type of Unlawful Homicide

Murder involves intent, manslaughter is a type of unlawful homicide where the intent to kill is absent. Manslaughter is divided into two types:

• Voluntary Manslaughter: Often called a “crime of passion”, voluntary manslaughter is when someone is provoked and kills in the heat of the moment without premeditation. The classic example is a person who, in a fit of rage, kills after discovering their spouse’s infidelity.
  
• Involuntary Manslaughter: This is when a person kills another unintentionally through reckless or negligent actions, such as causing a fatal car accident while driving under the influence.

Defenses for Homicide Charges

Since homicide charges are serious, a strong defense is key. Common defenses are:

• Self-Defense: If the killing happened because the accused believed their life was in danger, it might be considered justifiable homicide.
  
• Lack of Intent: If the defense can prove there was no intent to kill, the charges may be reduced to manslaughter or dismissed.
  
• Insanity: In some cases, defendants may argue they were not mentally capable of understanding their actions at the time of the killing which can result to a different legal outcome.

Why You Need a Lawyer

Facing homicide or murder charges is a life changing experience with serious consequences. Whether you’re dealing with the general implications of a homicide case or the specific charges of murder, you need a good criminal defense attorney. An experienced attorney can guide you through the legal process, present a strong defense and work to get the best possible outcome for the accused.

Conclusion: Homicide and Murder Explained

All murders are homicides but not all homicides are murders. The key differences lie in the intent, circumstances and legal definitions that separate justifiable acts of killing from those that are unlawful. Understanding these differences is important not only for lawyers but also for anyone involved or affected by these serious charges.


If you or a loved one is facing homicide or murder charges, the time is now. You need a good criminal defense attorney. The Law Office of Rolando Cantu in McAllen can help. Call now.