However, if either man had used a gun, a murder charge is most likely since he brought a deadly weapon to use in the crime. The immediate rage in finding a loved one in bed with another followed by a killing before the passion cools usually limits the charge to voluntary manslaughter and not murder, but prior attacks could convince a District Attorney and a jury that the killing was not totally spontaneous. Lenny Leadfoot drives 70 miles per hour on a twisting mountain road, goes off a cliff and his passenger is killed in the crash. Leadfoot can be charged with involuntary manslaughter. Included among homicides are murder and manslaughter, but not all homicides are a crime, particularly when there is a lack of criminal intent.
Suicide is a homicide, but in most cases there is no one to prosecute if the suicide is successful.
Assisting or attempting suicide can be a crime. This is not to be confused with a crime of passion or claim of diminished capacity, which refer to defenses aimed at reducing the penalty or degree of crime. Self-defense is a common defense by a person accused of assault, battery or homicide. That is legitimate self-defense, but Alibi cannot chase after the attacker and shoot him or beat him senseless. If the attacker has a gun or a butcher knife and is verbally threatening, Alibi is probably warranted in shooting him.