Criminal Law: The Difference Between Murder and Homicide

You have probably watched a TV show or a news broadcast detailing a case in which death was a result of what was done to a person by a fellow man. More often than not, "murder" and "homicide" are used interchangeably. However, there is a significant difference between the two terms, even when all deaths result from another person’s actions.

“Grasping these differences is not about getting lost in legal jargon—it’s about understanding what could make or break a criminal case for you or your loved ones,” says Craig Greening of The Greening Law Group.

Stay with us as we explore homicide vs murder for clarity next time you catch a glimpse of these words in your morning coffee newsreader or find yourself in a homicide-related legal quandary.

What Exactly is Homicide?

The term homicide is a legal way to say that one person has caused the death of another. It is an umbrella term that includes all kinds of situations where someone dies due to someone else's actions. Think of it this way: anytime a person dies because of what another did or probably failed to do, you are looking at a homicide. 

However, not all homicide is severe enough to justify criminal charges. Some are legally sanctioned, such as law enforcement in some instances or self-defense. So, you can say that there is much more to it than initially meets the eye.

When Homicide is Converted into Murder

A homicide will be a murder based on what is in someone's mind and what is happening in a particular situation. A homicide becomes murder in Texas when a person kills a human being knowingly and intentionally or kills a human being with disregard for life and recklessness. 

Murder charges escalate based on how planned or malicious the act was. For instance, if someone plots out the killing (that is premeditated), it intensifies things, legally speaking. It is this deliberate choice to end a life under certain conditions that distinguishes plain old homicide from outright murder in the eyes of the law.

Different Shades of Murder

Not all murders are created equal, and certainly not in Texas law. It all simply boils down to how the crime was carried out and what was going through the perpetrator's mind. Essentially, murder charges can be broken down into a series of different categories with different degrees.

First up, you have first-degree murder, typically for premeditated and intentional killings—there was a specific plan or intent before acting. Second-degree murder is typically for intentional killings that were not premeditated or planned.

Furthermore, there exists a Texas classification known as capital murder. This is a classification that is almost identical to that of a first-degree but with specific stipulations like killing a policeman or killing a person in the commission of a different felony like robbery or kidnapping. Penalties vary significantly with such classifications, which affect how justice is meted out to each.

Understanding Manslaughter

Manslaughter is still a degree in the complex hierarchy of criminal definitions for criminal death. It is usually used when death results without any intent to do so, usually in a situation that would leave a reasonable person emotionally or mentally disturbed.

In Texas law, voluntary and involuntary manslaughter are distinguished. Voluntary manslaughter refers to killings in passion (imagine a spontaneous altercation in which a party strikes out in anger without premeditation). Conversely, involuntary manslaughter is accidental homicide through careless conduct, like careless driving, that results in a fatal accident.

These distinctions are significant in that they have direct sentencing consequences. Manslaughter is generally punished less harshly than murder since there is no premeditation.

Seeking Legal Representation for Homicide Charges

Facing a homicide charge is a terrifying experience, and you do not want to go through it alone. 

Your first line of defense is with public defenders, but they typically have too many cases to attend to. This usually leaves them with no time to give undivided attention to every client's case. 

A private attorney is better since it involves concentrated attention and resources to work on a good defense for your case. With a severe punishment for a conviction, you would want to have competent legal representation.