Murder, Homicide
Seattle, Washington Murder-Homicide Defense Attorney
Under Washington law homicide is the killing of a human being by the act, procurement, or omission of another and is either (1) murder, (2) homicide by abuse, (3) manslaughter, (4) excusable homicide, or (5) justifiable homicide.
First degree murder is generally defined as (1) the intentional and premeditated killing of another person, (2) the killing of another person under circumstances manifesting an extreme indifference to human life, and in which there is a grave risk of death to any person, or (3) the killing of another person during certain serious felonies. In the second and third definitions, there is no need for the suspect to act with either intent or premeditation. Murder in the first degree is a class A felony punishable by
up to life in prison and no less than twenty years.
Second degree murder is generally defined as (1) the intentional, but not premeditated, killing of another person, or (2) the killing of another person during certain felonies less serious than those for first degree murder. Murder in the second degree is a class A felony punishable by up to life in prison, but without the twenty-year minimum for first degree murder.
Homicide by abuse is committed when, under circumstances manifesting an extreme indifference to human life, but not necessarily creating a grave risk of death, a person causes the death of a member of a defined class of vulnerable individuals, and has previously engaged in a pattern or practice of assault on or torture of the vulnerable individual. Homicide by abuse is a class A felony punishable by up to life in prison, but without the twenty-year minimum for first degree murder.
Manslaughter in the first degree, as most often charged, is committed when a person recklessly causes the death of another person. To act recklessly in this context, the suspect must know of and disregard a substantial risk that death may occur, and the disregard of such substantial risk is a gross deviation from conduct that a reasonable person would exercise in the same situation.
Manslaughter in the second degree is committed when a person acts with criminal negligence and causes the death of another person. A person is criminally negligent or acts with criminal negligence in this context by failing to be aware of a substantial risk that a death act may occur and the failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable person would exercise in the same situation. Thus, criminal negligence does not require an awareness of the substantial risk, whereas recklessness requires an awareness.
Under Washington law, homicide is excusable when committed by accident or misfortune in doing any lawful act by lawful means, without criminal negligence, or without any unlawful intent. Justifiable homicide generally encompasses self-defense as well as the use of force by a police officer to a make certain arrests, prevent certain escapes, and the like.
Under federal law, murder is generally defined as the unlawful killing of a human being with malice aforethought. Murder in the first degree is defined as every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnaping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery; or perpetrated as part of a pattern or practice of assault or torture against a child or children; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed. Any other murder is murder in the second degree.
Federal law also prohibits types of manslaughter. Generally, under federal law, manslaughter is the unlawful killing of a human being without malice. There are two kinds of manslaughter under federal law: (1) voluntary, defined as committed upon a sudden quarrel or heat of passion; and (2) involuntary, defined as committed in the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death.
Michael Iaria has significant experience handling homicide cases, including charges of murder and manslaughter. Among the results he has obtained in such cases are a not guilty verdict for young man charged with first degree murder after confessing to police; a not guilty verdict, based on self-defense, for man charged with first degree murder for shooting an unarmed man; a not guilty verdict, based on self-defense, for a man charged with first degree murder and attempted first degree murder for a stabbing in a bar; no charges filed against a woman investigated by federal authorities for the murder of a U.S. national abroad; and a lesser-included verdict of manslaughter for a man charged with second degree murder after shooting his victim with an Uzi.