Generally speaking there is a difference between murder and
manslaughter, but to the public it may seem there is a difference
without a distinction. Legal definitions are often hard to explain to a
non-lawyer.
To begin with, the most serious crime in the U.S. and other places
is murder, often punishable by death or life without parole, depending
on the state where the murder took place. Having said that, if a death
cannot be classified as a murder it is usually considered to be a form
of manslaughter and does not get the same kind of severe penalties.
"What puts murder on a different page is the mental status of the
offender," said Daniel H. Wannamaker, of Wannamaker and Associates, an
Austin, Texas law firm with offices in Dallas and Houston. Legally
speaking, the mental component (mental state) is referred to as
premeditated malice. "You might recognize the phrase in another form
often found in crime novels and termed as "malice aforethought," added
Wannamaker. If there is no premeditation prior to the commission of the
crime, then the act is usually classified as another form of homicide.
There are usually exceptions to this rule and the major one would be
if a death happens during the commission of another felony, e.g. an
armed robbery resulting in a death. "Basically the charge of murder
results from the facts of the case itself, and each case is unique,"
said Wannamaker. If a person knows what the police are booking them
for, this makes it easier for a skilled criminal defense attorney to
start fact gathering, investigating and sorting out what happened.
How a person is charged directly relates to the facts of the
particular case and how the death, if there was one, occurred. This
isn't to say that a lesser offense is "lesser" in terms of penalties or
consequences; it simply means the offense is not as great as
premeditated murder. "There are many distinctions to be made between
murder, manslaughter, involuntary manslaughter, etc.," explained
Wannamaker. Knowing these various distinctions is the attorney's job
and one they are paid well to perform.
If a murder or manslaughter charge is looming on the horizon, don't
waste time thinking about the cost of a criminal defense attorney. Call
Daniel H. Wannamaker, of Wannamaker and Associates, an Austin, Texas
law firm with offices in Dallas and Houston and ensure justice is
served.
To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.
Related Stories: | Topics:Ethonomics, criminal defense lawyer, daniel wannamaker, Daniel Wannamaker, Houston, Dallas, Austin (Texas), Murder and Homicide |