Degrees of Murder Explained: First vs. Second vs. Manslaughter
Murder is the most serious crime you can be charged with in Indiana. Understanding what this charge means and when it can be reduced to manslaughter is often the key to lodging an effective defense. An experienced board-certified criminal trial specialist from The Criminal Defense Team of Baldwin Perry & Wiley PC can carefully analyze the charges against you or a loved one and offer exceptional legal representation.Â
What Is Murder?
Indiana Code Section 35-42-1-1 defines murder as doing any of the following:
- Knowingly or intentionally killing another human being
- Killing another human being while committing or attempting to commit certain enumerated crimes
- Killing another human being while dealing in or manufacturing certain drugs
- Knowingly or intentionally killing a fetus in any stage of development
Degrees of MurderÂ
Unlike many other states, Indiana does not classify murder into first degree, second degree, etc. If you have committed any of the acts identified above, you can be charged with murder in Indiana.Â
Murder vs. Manslaughter
Murder is the most serious criminal offense in Indiana. Manslaughter in Indiana is the killing of another being that involves a sudden heat of passion or lacks intentional conduct that justifies a lighter sentence than murder.Â
Voluntary Manslaughter vs. Involuntary Manslaughter
Voluntary manslaughter involves the same acts as murder in Indiana. The sudden heat of passion reduces the criminal culpability of the defendant from murder to voluntary manslaughter. If it can be proven that the homicide took place with the existence of sudden heat, this is a mitigating factor that would otherwise reduce a murder charge to voluntary manslaughter.
Involuntary manslaughter occurs when a person kills another human being while committing or attempting to commit any of the following crimes:
- A Level 5 or 6 felony that inherently poses a risk of serious bodily injury
- A Class A misdemeanor that inherently poses a risk of serious bodily injury
- Battery
- Operating a vehicle while intoxicated, causing the death of a fetus
Penalties for Murder and Manslaughter
Murder in Indiana can be punished by the death penalty, life imprisonment, or 45 to 65 years in prison. Voluntary manslaughter is a Level 2 felony, punishable by 10 to 30 years’ imprisonment. Involuntary manslaughter is charged as a Level 5 or 6 felony, depending on the circumstances. A Level 5 felony is punishable by 1 to 6 years imprisonment. A Level 6 felony is punishable by 6 months to 2.5 years imprisonment.Â
Factors the Court Considers When Determining a Sentence
The court considers various factors when determining the sentence for murder or manslaughter, such as:
- Premeditation
- The circumstances surrounding the offense
- The manner of death
- The existence of sudden heat of passion immediately before the offense
- The victim’s age
- Other mitigating or aggravating factors
The Criminal Defense Team Can Help If You’re Charged with Murder or Manslaughter
If you’re facing murder or manslaughter, your life, future, freedom, family, and career are all on the line. You need an experienced attorney who can fight for the best possible outcome. Our criminal defense firm has four of the state’s five board-certified criminal trial specialists in the state of Indiana. We are uniquely equipped to handle the case against you. Call our Indianapolis murder defense lawyers at The Criminal Defense Team of Baldwin Perry & Wiley PC at (317) 687-8326 for a confidential consultation.Â