Blogs from September, 2017

When someone commits an unlawful killing, it can, legally speaking, be classified as either murder or manslaughter. The nature of the crime, how it was committed and the nature between the victim and the accused can all contribute to the way in which the crime is charged. However, differentiating between the two isn’t always cut and dry. In fact, the difference between manslaughter and murder can sometimes be subjective.

Defining Murder

Murder is committed intentionally and with “malice aforethought,” which means the killer acted without regard for the victim’s life. A murder charge, as well as manslaughter, must have been committed unlawfully. That is to say, if the accused person acted in self-defense, he or she did not commit a crime. The murder need not be intentional for it to be classified as such. If the killer intended to inflict serious bodily harm that led to the victim’s death, it could still be considered an act of murder.

Classifications of Murder

Depending on the circumstances of the killing, it could be classified as either first-degree or second-degree murder. First-degree murder is considered a much more serious crime and will result in more severe penalties. To commit first-degree murder, the court must agree that the killer had intended to kill the victim, usually through a course of deliberate, planned actions. In circumstances where the killing was not intentional, it will likely be considered second-degree murder. However, these classifications vary case-by-case and are determined based on the individual circumstances of each incident.

Manslaughter

As with a murder charge, manslaughter must be an unlawful killing. It can also be classified as either voluntary or involuntary, depending on whether the killer intended to end the life of his or her victim or not. The main difference between manslaughter and murder lies in the degree of premeditation and the state of mind of the alleged killer. A murderer planned to either kill or seriously injure his or her victim, whereas someone who commits manslaughter could have killed in the heat of the moment.

Punishment

The penalties for manslaughter and murder can both be very serious, though murder is generally punished more severely. First-degree murder may result in up to $10,000 in fines and could lead to several decades or life in prison. Second-degree murder could lead to the same fine, though the prison sentence will not exceed 20 years.

In the state of Virginia, manslaughter is punishable by imprisonment of up to 10 years and a fine of up to $2,500. However, conviction for a manslaughter crime could result in more serious repercussions, (up to 20 years in prison), if the defendant’s actions were considered wanton or without regard for human life.

Violent crime charges are extremely serious and could drastically change your personal and professional life for the worse. If you are facing charges, make sure you have a knowledgeable, aggressive criminal defense attorney on your side.

Contact The Law Offices of Daniel J Miller for a free consultation.

Definition of "Entrapment" in a Criminal Case

There is a fine line between providing someone with the opportunity to commit a crime and coercing them into action. When a person is coerced into committing a crime or otherwise pressured through overbearing tactics, he or she may have just cause to argue entrapment as a defense to criminal charges.

Who Is Involved in Entrapment?

Entrapment claims typically occur between a police officer and defendant, though they can involve other government agents. As a rule, entrapment laws do not apply to private parties, but are specifically set up to protect citizens from unfair law enforcement activities. That being said, entrapment defense usually involves a law enforcement officer, though it can include government agents like public officials. The crimes involved in cases of entrapment can also vary greatly.

Common Crimes that Involved Entrapment

A victim of entrapment could have been pressured to commit any type of crime, including white collar crimes, drug crimes, violent crimes, or theft. Entrapment typically includes the use of a repugnant behavior to incite someone to break the law, including the use of threats, harassment, flattery, or fraud. However, the line between presenting someone with the opportunity to break the law and compelling them to do so can be extremely thin.

For example, if an officer is undercover and asks Jane to sell him illegal drugs, he merely presented her with the opportunity to commit a drug crime and therefore did not commit entrapment. However, in another scenario, if the officer asked Jane to sell him illegal drugs, she refused, and he harassed her for weeks until she gave in, he likely committed entrapment. However, officers and certain government agents are permitted to lie in order to smoke out a criminal. Therefore, because the duties of an officer can sometimes be hard to assess, these cases are usually left to the court for nondiscriminatory judgement.

Proving Entrapment

The court will then determine whether or not a reasonable person would have been able to resist the temptation to commit the same crime. Courts will assess the entrapment defense by either subjective or objective standards. By subjective standards, the jurors will determine if the defendant was predisposed to commit the crime by his or her own actions, rather than the actions of the officer or government agent involved.

Objective standards, on the other hand, are often easier to prove, as it requires the jury to examine whether or not the actions of the government agent’s actions would have enticed any other law-abiding citizen to act in the same way, thereby committing a crime. It is also very important to understand that entrapment is an affirmative defense, which means the defendant must prove the entrapment existed.

If you believe you were the victim of entrapment and you are currently facing criminal charges, our firm may be able to help.