Murder in the first, second and third degree

Anyone found guilty in a murder or manslaughter case faces severe penalties, usually a high number of years in prison. Homicide is understood to be the act of killing a person involuntarily, while murder consists of killing a person as long as some requirements are met, such as treachery, the possible reward after the death of a person and the cruelty.

Both homicide and murder have different modalities, that is, different degrees of guilt.

Understanding treachery is key to determining whether the act of killing is homicide or murder

In a criminal action there is treachery when the offender acts treacherously against someone and with the total certainty that he will cause harm. Thus, if someone kills another person from behind using a firearm, it would be a treacherous murder.Of course, it is an aggravating factor when judging the conduct of the criminal.

In first grade

A murder normally receives this classification when someone knows with certainty that his behavior will result in the death of a person. For this reason, the murder is considered premeditated, that is, someone has the intention to kill and acts with full

conscience of it.

As a general criterion, cases of poisoning or strangulation are the most typical within this modality, since such actions involve a attitude deliberate on the part of the accused.

On the second grade

Unlike first degree murder, second degree murder occurs when there is no premeditated plan associated with the act of killing. Is category crime takes place in those cases in which someone dies as a result of a imprudence.

If an individual hits another and the latter eventually dies, the aggressor's action can be considered involuntary manslaughter. as long as it is shown that there was no intention to kill and that the death is the result of a accident.

In third grade

The death of one or more people is classified as a third degree homicide when the person responsible for the death has acted irresponsibly or recklessly. Consequently, the law it punishes the lack of care and lack of good sense in the person who has caused the death of another.

This degree is quite common in those cases in which a driver runs over a pedestrian as a result of irresponsible driving.

Homicide in legitimate defense

If someone kills another person in defense of their own life, such action can be considered justified and for this reason it is called legitimate defense.

This legal figure is universal and is based on the instinct from conservation of human beings.

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