What’s the Difference Between Murder and Manslaughter in Utah

Murder and manslaughter are both crimes that involve the unlawful taking of another person’s life. They are among the most serious criminal charges a person can face. In most cases, a conviction carries a sentence of life in prison. However, there are significant differences between intentional homicide and a killing that is the result of negligence, recklessness, or unintentional behavior. Understanding the difference is critical.

If you are facing criminal charges for killing another person, you face extreme penalties. As the oldest criminal defense law firm in St. George, Utah, the experienced criminal defense attorneys at Terry Law have extensive experience defending people facing the most serious criminal charges. Our attorneys know Utah law and have practiced in every courthouse in the southern part of the state.

The Difference Between Murder and Manslaughter in Utah

Murder and manslaughter are both types of criminal homicide. However, the elements of each offense are different, and each crime can be charged under different circumstances. Murder is the crime of knowingly and intentionally causing the death of another person.

Manslaughter occurs when someone causes the death of another individual through reckless, negligent, or unintentional conduct. While manslaughter is still a very serious charge, it is less severe than murder. In some cases, a defendant charged with murder may negotiate a plea in which the charges are reduced to manslaughter. Because these crimes have different levels of intent, they are charged in different circumstances. Defending against criminal charges for murder can look different than a legal defense against charges for manslaughter.

Utah Murder Charges

Murder is defined in Utah Code § 76-5-203 and occurs when an individual:

• Intentionally or knowingly causes the death of another person.
• Commits an act that is clearly dangerous to human life and causes the death of another individual
• Knowingly acts under circumstances that evidence a depraved indifference to human life and causes the death of another individual
• Kills another person while engaging in another act that is a felony (often referred to as “felony murder”)

Murder is a first-degree felony, punishable by a minimum of 15 years in prison up to a life sentence.

Manslaughter in Utah

The crime of manslaughter is defined in Utah Code § 76-5-205. It is less serious than murder and occurs when someone unintentionally takes the life of another individual, aids another individual in committing suicide, or commits a crime that would otherwise be murder but is reduced under subsection § 76-5-203. Manslaughter is a second-degree felony, punishable by a minimum of 1 year but no more than 15 years in prison.

Defending Against Charges for Murder or Manslaughter

Murder and manslaughter are among the most serious criminal charges a person can face. The penalties for a conviction are severe. Defending against murder charges often focuses on the issue of intent and showing the defendant did not intend to kill the victim.

Because manslaughter is the crime of recklessly causing the death of another individual, defending against a manslaughter charge may focus on the defendant’s behavior and whether it was truly reckless under the circumstances. Because murder is a more serious offense, a successful murder defense may result in having the charges reduced to manslaughter. Through plea bargaining, charges of manslaughter may be reduced to a plea to the crime of negligent homicide, which is a Class A misdemeanor as opposed to a felony.

Why Choose Terry Law for Murder or Manslaughter Defense

Murder and manslaughter are serious criminal offenses, and a conviction carries some of the harshest penalties in the American legal system. The criminal defense attorneys at Terry Law are among the best in the state and have almost 40 years of combined experience defending individuals charged with crimes in Utah courts. We provide the time-tested advice, guidance, and advocacy that only an experienced law firm can offer. Contact our law office today to schedule a confidential appointment to discuss your situation and how we can assist you.