Understanding the difference between homicide vs. manslaughter is important when you face charges of allegedly killing someone. Wisconsin law does not use the term “manslaughter.” However, actions typically classified as manslaughter in other jurisdictions are still illegal, although the state will charge alleged perpetrators of these offenses under different statutes.
Homicide refers to the killing of another person. The law separates unlawful homicide into two categories: murder and manslaughter. Homicide vs manslaughter – what’s the difference? While conviction on either charge can result in severe consequences, the key legal distinction between them is the mindset of the alleged perpetrator at the time of the offense.
What Is Manslaughter?
Although Wisconsin law doesn’t use the term itself, manslaughter is an unlawful killing committed without malice. It does not require the intent to kill someone. Manslaughter may be voluntary or involuntary:
- Voluntary Manslaughter – This occurs if the alleged perpetrator intentionally kills the victim in the heat of passion after being provoked. Examples of manslaughter of this type include catching a cheating husband and killing him in a jealous rage.
- Involuntary Manslaughter – Involuntary manslaughter occurs when a person’s reckless actions or criminal negligence result in another person’s death. An example of this is when driving under the influence of drugs or alcohol leads to the death of another person, which is typically classified as involuntary manslaughter.
What Is Homicide?
Homicide broadly refers to one person killing another. It is a serious crime that can be intentional and unlawful. The severity of the crime and the nature of the potential penalties depend on whether the act is classified as first-degree or second-degree homicide. However, homicide in Wisconsin includes other categories of crimes, including felony murder, reckless homicide, and negligent homicide, among others.
What is an example of homicide? Killing someone out of anger or due to greed is homicide. Likewise, purposely driving into a crowd is homicide and likely second-degree murder. Contrast this with a driver who loses control of their vehicle and hits pedestrians, who would most likely face charges of manslaughter.
What Are the Key Differences Between Murder and Manslaughter?
What is the difference between homicide and manslaughter? The main differences between murder and manslaughter charges can be summarized as follows:
- Intent – To be guilty of murder, the alleged perpetrator must have intent to kill the victim. Manslaughter does not require intent.
- Mindset – Much like intent, evidence related to the alleged perpetrator’s mindset can be a factor in determining the nature of the charge. Where murder shows a complete disregard for human life, manslaughter occurs due to recklessness or negligence.
- Malice Aforethought – A murder charge requires malice aforethought, meaning the intent to kill without legal justification. You may be charged with manslaughter if the evidence does not show you had malice aforethought.
- Premeditation – Manslaughter is not premeditated, whereas first-degree murder typically involves premeditation and planning.
- Provocation – Voluntary manslaughter occurs when the perpetrator kills the victim after being provoked. However, provocation does not serve as a defense to murder.
- Punishment – Because of the nature of the crime, murder carries much more severe penalties. This includes life in prison or the death penalty. Manslaughter penalties, while still severe, are less harsh.
What Is the Punishment for Murder vs. Manslaughter Charges?
The penalties for murder are much more severe than for manslaughter. First-degree intentional homicide is a Class A felony in Wisconsin, which carries the possibility of a life sentence in prison. Second-degree intentional homicide is a Class B felony and is punishable by up to 60 years in prison. For a conviction related to a DUI homicide, the penalties are up to 25 years in prison and up to $100,000 in fines.x`
While Wisconsin law does not use the term “manslaughter,” common charges analogous to manslaughter in Wisconsin are first-degree and second-degree reckless homicide. First-degree reckless homicide is a Class B felony carrying up to 60 years in prison if convicted. Second-degree reckless homicide is a Class D felony. A conviction carries a fine of up to $100,000 or imprisonment of up to 25 years, or both.
What Are Some Strategies for Defending Yourself Against Homicide Charges?
When you face charges stemming from the death of another person, a Wisconsin criminal defense lawyer will craft a defense strategy based on their investigation into the unique circumstances of your case. For a murder charge, your lawyer may argue that the evidence shows that the killing was justified. For example, they may offer evidence demonstrating that you acted in self-defense against an attacker. They may also build a strategy around arguing that the killing was accidental.
Defending against charges akin to manslaughter involves presenting evidence and testimony that you did not have criminal intent. In Wisconsin, you can achieve acquittal on manslaughter-like charges if you establish that you did not have the requisite intent to commit a criminal act.
Regardless of the charges you face, your attorney will build a robust defense on your behalf to refute the allegations against you. They will negotiate with the prosecutors as needed and represent you vigorously in court. They will work hard to give you the best chance at a favorable outcome, whether that means an acquittal, a reduction of the charges against you, or reduced sentencing in the event of a conviction. When the stakes are this high, the value of having a skilled and knowledgeable criminal defense attorney becomes invaluable.
Contact a Wisconsin Criminal Defense Attorney Today
Facing accusations of murder or a manslaughter-analogous crime is serious because it carries the potential of years or even a lifetime in prison. At Hart Powell, S.C., we are committed to developing a strong legal defense strategy uniquely tailored to the facts and circumstances of your case. We understand this is likely one of the darkest and most stressful situations you’ll ever experience, and we want to help you through it.
The criminal defense attorneys at Hart Powell, S.C. will fight for your rights and the future of your family, job, and reputation. Our attorneys have the legal knowledge and a proven track record to take on your case. Contact our office today at (414) 271-9595 to speak to an experienced criminal defense attorney. Ask us anything related to your case.
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