What is the Difference between Murder and Manslaughter?
For a conviction of manslaughter, it must be established that someone intentionally deprived another person of life.
If it is also established that the suspect acted with premeditation, it is considered murder. The difference between murder and manslaughter is therefore that murder involves premeditation, while manslaughter does not.
What is Premeditation?
To prove premeditation, it must be demonstrated that the suspect had time beforehand to calmly consider their decision. According to established case law, premeditation exists if “the suspect has had some time to deliberate on the decision to be made or the decision already made, and has not acted in a momentary impulse, so that they have had the opportunity to think about the meaning and consequences of their intended act and to take account of it”. A clear example of murder is an assassination.
What if the suspect did not intend to kill the victim?
When a suspect intentionally deprives a person of life, whether or not with premeditation – or attempts to do so – he or she is guilty of murder or manslaughter, or attempted murder or manslaughter. Intent to kill is required to prove these offenses.
If a suspect states that it was not their intention to kill the victim but only to assault them, this does not automatically mean the suspect will be acquitted of murder or manslaughter. Such “full intent” is not required; “conditional intent” is sufficient. Conditional intent simply means that prior to performing a certain act (in this case, an assault), a suspect is aware that their actions may lead to a certain consequence (in this case, death). By performing the act anyway, the suspect consciously accepts the significant risk that this consequence may occur. For that reason, he or she has conditional intent regarding this consequence.
Conditional intent is a complex legal doctrine, and whether it applies depends heavily on the specific facts and circumstances of a case. Establishing conditional intent can make the difference between, for example, manslaughter and assault resulting in death, a crime that carries much lower penalties. A criminal defense lawyer with sufficient specialized knowledge of the legal doctrine of conditional intent can therefore be of great significance to you.
What are the Penalties for Murder and Manslaughter?
For sentencing, it makes a big difference whether murder or manslaughter is proven. Murder carries a temporary prison sentence of up to 30 years or life imprisonment. Manslaughter carries a maximum prison sentence of 25 years.
Many factors are important for the severity of the sentence that the judge imposes for murder or manslaughter. These include the manner in which the crime was committed, the person of the suspect, the relationship of the suspect to the victim, and the criminal history of the suspect.
It is difficult to estimate what sentence the judge will impose upon conviction. It is of great importance for a suspect to choose the right procedural attitude from the very beginning. The lawyers at Weening Criminal Law Attorneys can advise you on this based on extensive experience.
What are aggravating and mitigating circumstances?
Murder and manslaughter are among the most serious criminal offenses in the Criminal Code. The law also provides for circumstances that can further increase the potential sentence. When manslaughter is committed with terrorist intent, life imprisonment can be imposed. This is also possible in the case of a so-called robbery-homicide, where the victim is killed before, during, or after a robbery.
On the other hand, the law also recognizes several forms of offenses against life that are punished less severely. For instance, the law contains provisions for a mother who, at or shortly after the birth of her child, deprives it of life out of fear that her delivery will be discovered. Terminating a person’s life at their explicit request (euthanasia) is also included in a separate provision. These acts are therefore still punishable, but the sentencing is significantly lower than for “ordinary” murder or manslaughter.
What Can a Criminal Defense Lawyer Do if You are Suspected of Murder or Manslaughter?
The first thing a specialized criminal defense lawyer will investigate when assisting a suspect of murder or manslaughter is whether there is evidence against the suspect. In practice, it has been shown that the defense can gain a lot on the point of premeditation. In his judgment of whether there was premeditation, the judge can take into account so-called counter-indications. These are indications that suggest the suspect did not act with premeditation. Such counter-indications exist, for example, if the suspect acted in a fit of rage or if the suspect proceeded to act immediately after making their decision.
It often happens that a suspect acts in self-defense. In that case, it will need to be investigated whether a self-defense plea can be made. Such a plea must be carefully constructed, and the timing of when a suspect presents it is often crucial for a good chance of success. In the past, we have successfully assisted clients who had committed murder with a plea of self-defense.
If the judge still proceeds to impose a sentence, good guidance towards the hearing is of great importance. Our lawyers prepare you for what to expect, so that you are not faced with surprises at the hearing.
Why Choose a Specialized Criminal Defense Lawyer?
In every criminal case, it is important that the suspect receives assistance from a specialized criminal defense lawyer. This is even more important in murder and manslaughter cases, given the complexity of the case and the significant interests at stake for the suspect.
The question of whether there was intent and premeditation in the deprivation of life proves to be not easy to answer in legal practice. It involves very complex legal matters. We therefore believe that a suspect should not be assisted by a (duty) lawyer, but should be assisted by an experienced and specialized criminal defense lawyer. A lawyer who knows which legal and factual aspects can be (or are) of decisive importance in murder and manslaughter cases. As a result, nothing is overlooked and all relevant defenses are presented. In the past, our specialists have successfully assisted suspects in high-profile cases. From fatal bar fights to crimes of passion, and from infanticide to assassination.
Are You Looking for a Criminal Defense Lawyer?
If you or one of your loved ones is suspected of murder or manslaughter, you can contact one of our criminal defense lawyers without obligation at 088-9336464. This is also possible if the case is being handled by another lawyer. If you feel that not everything is being done for your case, you must act immediately. The interests at stake are too great to wait. If you wish, our lawyers will immediately take over the defense from the current lawyer.
