Ch5. Crimes Against Persons — Homicide and Assault

Homicide Offenses

First-Degree Murder:
Premeditated, deliberate killing with malice aforethought.
Also: killing by poison, lying in wait, or in commission
  of certain felonies (felony murder, first degree).
Penalty: death or life without parole (varies by state).
Federal: 18 U.S.C. § 1111.

Second-Degree Murder:
Intentional killing with malice aforethought but without
  premeditation/deliberation.
Also: depraved-heart murder (extreme recklessness showing
  a depraved indifference to human life).
Penalty: 15 years to life (varies by state).

Capital Murder (Aggravated Murder):
Murder of a law enforcement officer, multiple victims,
  killing for hire, torture, etc.
Eligible for the death penalty where constitutional.

Solicitation / Conspiracy to Commit Murder:
Soliciting or agreeing to kill another.
Punished as attempt or as a separate substantive offense.

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Manslaughter

Voluntary Manslaughter:
Intentional killing in the heat of passion upon
  adequate provocation (sudden quarrel).
The provocation must cause a reasonable person to lose
  self-control; no cooling-off period.
Penalty: typically 3–11 years (varies by state).

Involuntary Manslaughter:
Unintentional killing resulting from criminal negligence
  or during an unlawful act (misdemeanor manslaughter).
Gross negligence manslaughter: reckless disregard for
  human life (e.g., texting while driving at high speed).
Penalty: typically 1–5 years (varies by state).

Vehicular Homicide / DUI Manslaughter:
Causing death while operating a vehicle under the
  influence of drugs or alcohol.
Many states treat as aggravated form of involuntary
  manslaughter or a separate felony.

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Felony Murder

Felony Murder Rule:
A killing that occurs during the commission (or attempted
  commission) of an inherently dangerous felony is
  murder — even if unintentional.
Classic predicate felonies (BARRK): Burglary, Arson,
  Rape, Robbery, Kidnapping.
Majority rule: includes any inherently dangerous felony.
MPC approach: limits to reckless homicide or treats as
  rebuttable presumption of extreme recklessness.

Agency Rule vs. Proximate Cause Rule:
Agency rule (majority): felony murder only if the
  killing is done by a co-felon.
Proximate cause rule (minority): felon liable for any
  death proximately caused by the felony, even if
  caused by a victim or third party.

Merger Rule:
If the underlying felony merges into the homicide
  (e.g., assault causing death), the felony murder rule
  does not apply.

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Assault, Battery, and Related Offenses

Battery (Common Law):
Harmful or offensive contact with another person
  without consent.
Simple battery: Class A misdemeanor in many states.
Aggravated battery: use of deadly weapon; serious
  bodily harm; victim is a protected class (officer,
  child, elderly).

Assault (Common Law):
Placing another in reasonable apprehension of
  imminent harmful or offensive contact.
No contact required.
MPC § 211.1: simple assault = purposely, knowingly,
  or recklessly causing bodily injury.

Aggravated Assault:
Assault with a deadly weapon, or assault causing
  serious bodily injury, or assault on a protected
  victim.
Felony in most jurisdictions.

Mayhem:
Permanent disfigurement or disabling of a body member.
Retained as a separate offense in some states.

Child Abuse / Endangerment:
Federal Child Abuse Prevention and Treatment Act (CAPTA);
  each state has mandatory reporting laws.
Felony penalties; mandatory reporter statutes require
  professionals to report suspected abuse.

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Key Concept Cards

Murder Degrees ★★★★★ : First-degree = premeditated + deliberate. Second-degree = malice aforethought, no premeditation. Manslaughter = heat of passion (voluntary) or criminal negligence (involuntary). Memory tip: 1st = planned; 2nd = impulsive murder; manslaughter = no murder intent.

Battery vs. Assault ★★★★★ : Battery = actual harmful/offensive contact. Assault = reasonable apprehension of imminent contact (no contact needed). Many states now merge both into a single “assault” statute. Memory tip: Battery = contact; Assault = apprehension.

Felony Murder = BARRK Felonies ★★★★☆ : Burglary · Arson · Rape · Robbery · Kidnapping are classic predicate felonies triggering the felony murder rule. Memory tip: BARRK.

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Practice Quiz

Q. What is the legal difference between battery and aggravated assault?

Battery requires actual harmful or offensive contact with the victim’s body. Simple battery is typically a misdemeanor. Aggravated assault is placing another in apprehension of imminent serious bodily injury, often involving a deadly weapon, and is a felony. The key distinction: battery requires contact; assault requires only apprehension. Aggravated versions of each involve more serious circumstances (weapon, degree of injury, victim status).

Q. How does voluntary manslaughter differ from second-degree murder?

Both involve an intentional killing. Second-degree murder is committed with malice aforethought but no premeditation. Voluntary manslaughter is a killing that would otherwise be second-degree murder, but the defendant acted in the heat of passion upon legally adequate provocation — a sudden stimulus that caused a reasonable person to lose self-control, with no cooling-off period. The presence of adequate provocation negates the “malice” element, reducing the crime from murder to manslaughter.