While used interchangeably in casual conversation, the terms "homicide" and "murder" are different from a legal perspective. Each state has its own definition of these concepts, with specific circumstances and intent associated with the charges. The penalties are also very different for homicide vs. murder, so it’s important to know exactly how these acts differ in the eyes of the law.
Homicide vs. Murder: What’s the Difference?
In Oklahoma, homicide vs. murder are legally defined in this way:
Homicide is a broader term that refers to the act of one human killing another human. Homicide encompasses all types of killing, whether lawful or unlawful. Lawful homicide includes justified killings, such as self-defense or the execution of a legal penalty. Unlawful homicide includes murder, manslaughter, and negligent homicide.
Murder is a specific type of unlawful homicide and is generally defined as the intentional killing of another person with "malice aforethought." Malice aforethought doesn’t always mean that the killer planned the murder in advance (premeditation), but it can. In every case, there was a deliberate, unlawful intention to take away the life of another—and that intent did result in a death. (Attempted murder is an entirely different charge.)
Criminal Charges for Homicide
One of the most important things to remember when comparing homicide vs. murder is that not all homicide charges are criminal (just like not all homicides are murders). So, how you’re prosecuted will depend on the nature and circumstances of the crime.
Oklahoma’s Statute 21 classifies criminal charges for homicide into several categories based on the circumstances and severity of the offense, such as:
First-Degree Murder
This charge is applied when there has been an intentional and unlawful killing of another person with malice aforethought. This includes several specific scenarios:
- Premeditated Killing: The murder was planned and intentional.
- Felony Murder: The murder occurs during the commission or attempted commission of certain felonies, such as arson, burglary, kidnapping, or rape, among others, regardless of intent to kill.
- Killing a Law Enforcement Officer: This applies when the victim was a law enforcement officer performing their duties, and the killer knew or should have known that the victim was an officer.
- Murder by a Person with a Previous Murder Conviction: If the accused has been previously convicted of first-degree murder or a felony involving the use or threat of violence.
- Murder with Malice Aforethought: Demonstrates a premeditated desire to kill or cause serious harm.
First-degree murder in Oklahoma is a capital offense. It’s punishable by death, life in prison, or life in prison without the possibility of parole.
Second-Degree Murder
This charge is used when the murder is intentional but not premeditated, or is a result of an act that shows a clear disregard for human life.This includes:
- Intentional Killings That Are Not Premeditated: These are killings where the murderer intended to kill but without prior planning.
- Indirect Intention: Where the accused did something that they knew was likely to cause death or serious bodily harm that subsequently resulted in the victim’s death.
The sentence for second-degree murder ranges from 10 years to life in prison.
First-Degree Manslaughter
This includes killings that occur in the "heat of passion" as a result of a provocation or during the commission of a misdemeanor. It also covers unintentional killings resulting from reckless behavior, such as when a DUI accident causes a death.
The punishment can range from 4 years to life in prison (depending on any prior convictions), and a fine up to $10,000.
Second-Degree Manslaughter
This type of manslaughter is a felony charge that involves killings due to criminal negligence. This is a broader charge that serves as a catch-all statute for any homicide that does not qualify as justifiable, excusable, or negligent, and also does not qualify as first- or second-degree murder, or first-degree manslaughter. For example, texting and driving that causes a fatal accident is second-degree manslaughter.
This charge typically carries a punishment of 2 to 4 years in prison, but can be up to 20 years depending on the circumstances.
Negligent Homicide
Also called “vehicular homicide,” negligent homicide is charged when a person drives recklessly and causes a motor vehicle accident that results in the death of another person. The death does not have to be immediate—if the person dies within 1 year as a result of injuries sustained in the accident, the driver may be criminally prosecuted.
The penalties for negligent homicide are generally less severe than for manslaughter and can include up to 1 year in prison and fines that typically range between $1,000-$2,000.
Lawful Homicide in Oklahoma
Again, not all homicides are criminal charges in Oklahoma and how you’re charged depends on the circumstances of the crime. When differentiating homicide vs. murder, the state outlines two types of lawful homicide: excusable homicide and justifiable homicide.
Excusable Homicide
Excusable homicide refers to situations where a person kills another without criminal intent and under circumstances that the law recognizes as not warranting criminal charges. This type of homicide is typically accidental, and the person responsible is deemed to have acted without negligence or fault. In other words, it’s determined that the person had reasonable grounds to act as they did without any intention to cause harm.
Justifiable Homicide
Justifiable homicide, on the other hand, occurs when a person kills another under circumstances that the law deems as warranting the lethal action. This charge is often applied in cases of self-defense (including defending your home per the Castle Doctrine) or the defense of others, where the use of deadly force is considered necessary and appropriate. Law enforcement officers may also be justified in using lethal force to prevent the commission of a serious crime in the course of their duties.
Both excusable and justifiable homicides are considered non-criminal because Oklahoma law has determined that these circumstances legally permit the act of killing. However, the circumstances surrounding each case are nuanced and whether a homicide is excusable or justifiable often requires extensive legal examination.
Is Homicide vs. Murder Prosecuted Differently?
Yes, homicide and murder are prosecuted differently, based on the nature of the act, the intent behind it, and whether there was premeditation.
Remember that legally, all murders are a form of homicide, but not all homicides qualify as murder. Distinguishing between homicide vs. murder in your case is a job for your lawyer and the courts. How you are charged is critically important because it determines the severity of the crime and the corresponding penalties that can be applied.
A Good Legal Defense is Key
Because the charges for homicide vs. murder are so complex and nuanced, it is critical to have an experienced defense attorney on your side. Your lawyer will be your legal representation and counsel, developing a defense strategy based on the details of your case and helping you aim for the best possible outcome. Contact us for more information and a free consultation.