Difference Between Wrongful Death and Murder
There are different kinds or “degrees of murder” in the United States justice system. There is capital murder, second-degree murder, voluntary manslaughter, involuntary manslaughter, and so on. How a person is sentenced really depends on the intent and severity of the crime. How and why the justice system charges people with murder is sometimes hard to understand to the general public. Many people have a simplistic view of murder. They think one murder is like any other. In the justice system, though, that is not true. In the justice system, the accidental killing of someone might not even be called a murder or even be charged as a criminal offense. It could be considered a “wrongful death,” though, with a civil suit to ensue.
Confused yet? Don’t worry. We’ll lay it out clearly. Let’s look at a civil suit versus criminal charges. In the United States, there are different types of lawsuits: civil and criminal. One person can bring a lawsuit against another person, company, or organization in a civil lawsuit. If someone does decide to file a civil suit, they will usually hire a private civil litigation attorney who will work on their behalf to ensure justice is done – usually in the form of financial remuneration. Incarceration is not the goal here. A criminal lawsuit, on the other hand, is quite different. With a criminal lawsuit, government prosecutors bring charges against a criminal defendant. The point of a criminal lawsuit is to punish someone who has committed a crime against one or more people by sentencing them to time in jail or fining them.
If you’ve had criminal charges filed against you, you need to hire a good Miami criminal defense attorney. Miami criminal lawyers can help you fight a case and come through victorious. A good defense will help you fight off the government and win back your freedom. If you go at it alone, you may find that your interests are not properly represented. Criminal lawyers in Miami know what they’re doing, and they’re not going to let you down if you’re in the right. Call a Miami criminal defense attorney today if you’ve had charges filed against you by the government.
What are the biggest differences between wrongful death and murder?
A wrongful death might be considered a civil offense, and it could be tried in a civil court. Family members of a person who was wrongfully killed because of what someone else did can bring a wrongful death lawsuit. In this instance, the defendant will not be put in jail. Instead, they will be forced to pay a monetary remuneration to the family.
Murder, though, is tried in a criminal court. Usually, a government prosecutor or agency will bring charges against the person they think committed the crime, whether or not the family members of the victim want to press charges. If the defendant is convicted of murder, they will be punished based on Florida Statute 782.04.
There is a different burden of proof for a civil case than a criminal one. In a civil case, you only have to prove that they were guilty based on a “preponderance of the evidence.” All that means is that the defendant more than likely committed the actions. In a criminal case, a prosecutor must prove it “beyond and to the exclusion a reasonable doubt.”
The defendant in a wrongful death lawsuit might have just been negligent. A criminal defendant would have had criminal intent.
If you’ve had a civil lawsuit brought against you or you’re facing a murder charge, contact a talented Florida trial lawyer today. You don’t want to face down a civil lawsuit or murder charge without the help of a lawyer on your side.
Stroleny Law, P.A. handles a variety of criminal law cases, so call now if you have any questions.
View more contact information here: Miami Criminal Defense Attorney.