The most serious crimes almost invariably include loss of human life. But an important distinction must be made, in assigning blame, between acts that were committed with malice and those that were not. “Malice” in this case means that the person who committed the crime intended for it to have the effects it did-the canonical example being premeditated murder.

Although premeditated murder is the most serious criminal offense in our legal system, other crimes involving one person killing another are not on the same order of severity. When someone dies as a result of reckless driving, for example, the charge of vehicular manslaughter can be brought against the driver. In contrast to premeditated murder, which in America is usually punished with either life in prison or execution, vehicular manslaughter-depending on the extent to which the driver was in control-might not even result in tine behind bars.

Of course being in a car accident that results in a fatality will not in itself lead to charges of vehicular manslaughter. In many cases, the death was simply not in the driver’s control. Loss of traction, for example, can rapidly send a vehicle out of the driver’s control. Setting aside automobiles, there are other crimes involving loss of life that are not treated as being on the same severity as murder.

Negligent homicide, for example, describes a situation where someone has died because another person did not take the expected precautions to prevent danger. Even though the person (presumably) did not intend on causing harm to anyone, their failure to adequately take the appropriate safety steps can be seen as a degree of involvement in the death.

On the more serious side of things, voluntary manslaughter describes situations where someone voluntarily acted in a way that led to the death of another, but did not plan the act ahead of time. Voluntary manslaughter is distinct from lesser, similar crimes in that it usually involves intend to kill. This can include actions in “the heat of passion,” as when someone witnesses harm to their child, tries to stop it, and kills the assailant in the process. Although serious, crimes like these are not as severe as murder.

Accusations of murder or similar are among the most serious that can be leveled against a person. Being accused of a crime is not the same as being convicted: every suspect is innocent until proven guilty and entitled to legal representation. If you have been accused of murder or another crime that led to the death of a person, you need the help of an experienced criminal defense lawyer. The San Jose criminal defense law office of Daniel Jensen can help you. To discuss your case, call Daniel Jensen today.