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Are all homicides murder?

On Behalf of | Feb 21, 2025 | Violent crimes

Being contacted by someone who works in a homicide division of a law enforcement agency can be stressful. Many people often connect the word “homicide” with murder, but that’s not the case. 

It’s possible that a death is being investigated as a homicide, but that doesn’t mean that murder was necessarily the reason. Any death that didn’t occur naturally is likely going to be looked into as a homicide. There are a few things to know about this distinction. 

Legal distinctions between homicide and murder

Murder is a specific category of criminal homicide characterized by intent and premeditation by the person who commits the act. According to the U.S. Department of Justice, murder is defined as “the unlawful killing of a human being with malice.” The terminology used in criminal law statutes that have to do with murder means the individual planned the act with the intention to cause death or serious harm. 

However, not all homicides are unlawful or committed with malicious intent. Some homicides are considered justifiable or excusable under the law. For instance, those committed in self-defense or by law enforcement officers in the line of duty may be deemed justifiable, which means that they aren’t subjected to prosecution.

Being interrogated for a homicide doesn’t mean that murder charges are forthcoming; however, anyone in this position should remember their rights. One of these is the right to remain silent. It’s a good idea to work with someone who’s familiar with these situations so they’ll have someone on their side if charges occur.