If you are accused of causing another person’s death in California, you might hear law enforcement mention terms such as homicide or murder. While these terms are often used interchangeably, they have different legal meanings. Under California law, any killing of a human being by another, whether it was done legally, accidentally, or on purpose, is referred to as homicide. The term murder, on the other hand, is a form of homicide that refers specifically to an unlawful killing committed with malice.

The differences in these two terms typically lie in the circumstances, intent, and outcomes of the act rather than the words themselves. Knowing these differences can help you know the potential penalties and the defense strategy you can use if charged. This blog will explain everything you need to know about homicide and murder under California laws.

Homicide Under California Law

In California, “homicide” is the broad legal term that covers all actions resulting in the death of another person, which includes both murder and manslaughter. Homicides can occur through actions or a lack of action that leads to someone’s death.

Homicides can be:

  • Intentional and premeditated
  • As a result of a reckless act
  • Unintentional
  • From negligence
  • Justified

What Counts as Murder in California?

In California, murder refers to the unlawful killing of another person with “malice aforethought.” You demonstrate malice aforethought if you either:

  • Intend to kill the victim
  • Show a conscious disregard for life

For a conviction of murder in California, prosecutors need to prove three key points beyond a shadow of doubt:

  • The offender caused someone else’s death
  • The criminal had premeditated malice
  • The offender killed someone without a legal excuse or reason

In California, murder is considered the most serious form of homicide. The main difference between murder and manslaughter is the requirement of malice. There are two degrees of murder:

  • First-degree murder
  • Second-degree murder

Both first-degree and 2nd-degree murder involve either implied or express malice. Express malice implies you intended to kill your victim, while implied malice applies if:

  • The killing was a deliberate act
  • The act naturally poses a danger to human life
  • You committed the act while knowing about the danger and chose to disregard it

1st-Degree Murder Under PC 187

In California, you can get a conviction for 1st degree murder when you do any of the following: 

  • Use destructive devices or explosives, special ammunition, or poison
  • Lie in wait for someone to kill them
  • Inflict torture under Penal Code 206
  • Commit a deliberate, premeditated, and willful killing
  • Commit a felony-murder offense, which means killing another person while committing a specific felony

Some examples of 1st degree murder are: 

  • Going to another person’s home with the plan to kill them
  • Waiting for a person to show up and then ending their lives

Capital Murder

This crime is a type of 1st-degree murder that can lead to: 

  • The death penalty
  • Life in prison without parole

There are over 20 situations listed in Penal Code 190.2 that can make 1st degree murder qualify as capital murder. Examples of these exceptional circumstances include: 

  • Killing another person for monetary gain
  • Killing multiple victims
  • Killing a firefighter, judge, police officer, prosecutor, elected official, or juror
  • Killing witnesses to prevent them from testifying
  • Killing based on the victim’s nationality, race, religion, or color
  • Drive-by shootings
  • Gang-related killings

2nd-Degree Murder Under PC 187

2nd-degree murder is committed intentionally, but it lacks the deliberation and premeditation of first-degree murder. It’s any offense charged as murder that doesn’t fit into the first-degree category. Here are some examples of 2nd-degree murder: 

  • Shooting into a crowd-filled room and unintentionally killing someone
  • An individual with multiple DUIs gets drunk again and causes a fatal accident
  • Hitting a smaller, intoxicated person hard enough to cause them to suffer a deadly head injury

Felony Murder

Felony murder happens when someone kills while perpetrating a serious felony. This rule covers both first- and second-degree murder. For instance, if you rob a bank and shoot the cashier when they reach for the telephone. It doesn’t matter if you didn’t plan for them to die. 

You can get charged with felony murder if you: 

  • Were the one who committed the murder
  • Intended to take someone’s life and helped or encouraged the person who did the killing
  • Were heavily involved in the crime and showed reckless disregard for human life
  • Knew or should have known that the murder victim was a police officer on duty. 

1st-Degree Felony Murder Law Under PC 189

According to this rule, you can be charged with 1st-degree murder if you kill while committing crimes like: 

  • Burglary 
  • Arson 
  • Carjacking 
  • Robbery 
  • Mayhem
  • Kidnapping 
  • Train wrecking 
  • Torture 

Certain sex crimes in California, such as: 

  • Rape 
  • Unlawful oral copulation 
  • Unlawful sodomy 
  • Forcible penetration 

2nd-Degree Felony Murder 

Individuals face 2nd-degree murder accusations for taking someone’s life during the execution of dangerous felonies that aren’t included in the 1st-degree list. Since there isn’t a specific list of dangerous felonies, courts evaluate each case individually.

Other Homicide Crimes

Below are other forms of homicide offenses in California:

Attempted Murder

In California, you can be charged with attempted murder when you take one direct step towards trying to kill another person and intend to do so. If convicted, you could face a life sentence with the chance of parole. They would also need to pay victim restitution, face hefty fines, and receive a “strike” under California’s three-strikes law.

Voluntary Manslaughter

Prosecutors charge someone with voluntary manslaughter when they kill another person during a sudden fight or in a heated moment. It’s similar to first-degree murder, but the key difference is that voluntary manslaughter lacks malice; the killing happens impulsively. The prison time for voluntary manslaughter can range from three to eleven years.

Involuntary Manslaughter

Involuntary manslaughter occurs when someone kills another person without malice or intent to kill, but with a conscious disregard for human life.

To be convicted, the person must be involved in either an unlawful act (that isn’t a felony offense) or a legal act that carries a high risk of death or serious injury, and they fail to act cautiously. This act differs from an accidental killing, where the person follows the law and isn’t acting recklessly.

Also, involuntary manslaughter usually doesn’t apply to driving-related incidents, which fall under vehicular manslaughter laws. The prison sentence for involuntary manslaughter ranges from two to four years.

Vehicular Manslaughter

Vehicular manslaughter happens when someone drives in a way that leads to another person’s death, whether they’re breaking the law (but not committing a felony offense) or driving legally but in a manner that might cause death. If someone causes an accident for financial gain, that could also be charged as vehicular manslaughter or insurance fraud.

This charge can be a wobbler, meaning it can be classified as a felony or a misdemeanor. If it’s a felony, the prison time can range from two to ten years; if it’s a misdemeanor, it could be up to one year. If the person was under the influence of alcohol when the incident occurred, they might face different charges depending on the case.

Watson Murder / DUI Murder

In California, if someone causes a fatal accident while driving under the influence, it can be classified as second-degree murder, often referred to as DUI or Watson murder. DUI murder happens when: 

  • A person causes an accident while intoxicated
  • This accident results in someone else’s death
  • The situation is particularly severe

DUI murder charges usually rely on a second-degree, implied malice theory, meaning the prosecutor doesn’t claim the defendant meant to kill anyone. Instead, they argue that the defendant: 

  • Acted dangerously on purpose
  • Was aware of the risks involved
  • Showed a reckless disregard for human life

Generally, the District Attorney pushes for DUI murder charges if the defendant has a previous DUI conviction, though this isn’t always the case. When someone is convicted of a DUI in California, judges often give a “Watson advisement,” which emphasizes that: 

Driving under the influence of alcohol and/or drugs is extremely dangerous to human life, and 

If the defendant causes a fatal DUI, California prosecutors might file murder charges. 

Murder with Gang Enhancements 

In cases involving gang-related murders, prosecutors usually file charges for: 

  • PC 187 murder, along with 
  • California’s street gang enhancement

This enhancement is a special allegation that requires proof that the murder was committed: 

  • Under the direction of a criminal street gang
  • For the benefit of a criminal street gang
  • In connection with a criminal street gang

Defendants found guilty of both murder and the gang enhancement could face an extra 15 years to life in prison. 

Prosecutors sometimes misuse gang enhancements by charging them whenever a homicide has even a slight connection to gangs. This tactic raises the potential sentence and allows prosecutors to introduce emotionally charged evidence that might persuade juries to convict, even if they are unsure.

Aiding a Suicide

PC 401 defines aiding suicide as actively helping someone to end their life or encouraging them to do so. The distinction between aiding suicide and committing murder can be confusing. Aiding someone in suicide involves providing the means for them to take their own life, while taking someone’s life at their request falls under murder. Assisting someone in suicide is considered a felony and can lead to a prison sentence of up to three years.

Legal Consequences and Penalties

When it comes to sentencing, there are significant differences based on the type of murder charge.

1st-Degree Murder 

1st-degree murder can result in a sentence of twenty-five years to life in prison. If the crime is classified as a hate crime, its punishment can escalate to life in prison without the prospect of parole. Murder committed as a hate crime is determined by factors such as the victim’s:

  • Race
  • Gender
  • Religion
  • Sexual orientation
  • Disability
  • Nationality

Capital Murder 

The potential punishments for capital murder include the death penalty through lethal gas or injection, or life in prison without parole. In 2019, Governor Newsom declared a temporary suspension on executions, noting concerns over the risk of putting to death innocent individuals and the disproportionate impact on minority groups.

2nd-Degree Murder

2nd-degree murder typically carries a sentence of fifteen years to life in prison. However, certain factors can lead to harsher penalties. For example, if the defendant has previously served time for murder, they could face life without parole. If someone shoots from a vehicle intending to cause serious injury, they could receive a sentence of 20 years to life. If the victim is a peace officer and the defendant intended to kill or seriously harm them, or if they used a deadly weapon, the penalty could also be life without parole.

Additional Penalties for Murder  

 

If someone gets convicted of murder in California, they face some serious penalties. They could end up with an extra 10, 20, or even 25 years to life in prison if they used a gun during the crime. They also get a “strike” under California’s three-strikes law. If a gun was involved or if the crime is gang-related, there are sentencing enhancements. Additionally, they may need to pay victim restitution, face a fine of up to $10,000, and lose their right to own a gun due to the “felon with a firearm law.”

Furthermore, if someone murders while trying to commit or committing crimes like rape, they must register for life as a tier three sex offender.

Penalties for Manslaughter

In California, if someone is convicted of voluntary manslaughter, they can expect to spend anywhere from 3 to 11 years in prison. For involuntary manslaughter, the time can range from 2 to 4 years behind bars. The consequences of manslaughter can be tough and can seriously impact your life and your family’s life.

If you are convicted of manslaughter, there are more penalties on top of jail time and probation. The court decides some of these, while others come from having a criminal record. You can also face criminal charges for vehicular manslaughter if you drive carelessly and accidentally cause someone’s death.

The Importance of Having a Lawyer in Homicide Cases

If you’re under investigation for a homicide in California, you should have a lawyer by your side to help you navigate the complicated criminal justice system. Many people think they can wait until they’re officially charged, but getting legal help early on can change the outcome of your case.

Do I Need a Criminal Defense Attorney For My Homicide Case?

After you have been charged with any form of homicide in California, you should seek the help of an experienced criminal defense attorney. They can help you in many ways, including:

Working on Your Defense

Bringing a lawyer on board from the start allows your lawyer to have enough time to work on your defense. Your lawyer can develop a defense strategy even before any charges are filed against you. This stage is crucial for identifying potential witnesses, gathering evidence, and figuring out how strong the prosecution’s case is.

Interacting with Law Enforcement

Law enforcement may want to question you or conduct searches during an investigation. Seeking legal help early means your attorney can:

  • Be there during any questioning to make sure your rights are protected
  • Guide you on what information to share or keep to yourself
  • Challenge the validity of search warrants

A skilled criminal defense attorney understands the legal system and courtroom dynamics. They will ensure that your case is handled properly while keeping your rights safe from any violations by law enforcement.

Preserving and Gathering Evidence

In homicide cases, your attorney can also: 

  • Secure surveillance footage before it is overwritten
  • Preserve digital evidence that might get lost or altered
  • Interview potential witnesses while their memories are still fresh

Negotiating with Prosecutors

Sometimes, your attorney can talk to prosecutors before they file charges to: 

  • Present evidence that might prevent charges from being filed
  • Negotiate for lesser charges or alternative solutions
  • Arrange for a voluntary surrender if charges seem unavoidable, which can help avoid a public arrest

Give You Peace of Mind

One of the best things about having your attorney advocate for you is the peace of mind that comes with knowing your case is in good hands. Having a knowledgeable attorney focused on protecting your rights and interests can help ease the stress of being involved in a criminal case.

If you think you might be under investigation, contact a criminal defense attorney immediately. Your attorney’s early intervention could be crucial for protecting your rights and getting the most favorable outcome for your case. 

Find a Criminal Defense Attorney Near Me

In California, “homicide” covers a wide range of actions, from intentional murders to accidental deaths in car crashes. The possible punishments vary significantly, from a misdemeanor that could lead to a year in jail to life imprisonment or even the death penalty.

If you or someone in your family has been arrested for committing a homicide, you should act quickly. Contact a criminal defense lawyer, like the  Los Angeles Criminal Attorney, as soon as possible to start your defense. Our legal team is here to protect your rights and freedoms. Call us at 424-333-0943 today and let us help you during this tough time.