When someone dies because of your actions, the public and media will often call it “murder.” But in California, the legal term for one person killing another is “homicide,” which covers a wide range of acts, including both manslaughter and murder. No matter what crime the prosecutors have accused you of, you should get help from a skilled criminal defense attorney as soon as possible. A dedicated lawyer can help you navigate this process more clearly.

In this blog, we will break down the difference between murder and homicide charges in California.

What is Homicide? 

Homicide is the act of taking a person’s or a fetus’s life. Legally speaking, the term “homicide” covers a wide range of situations, including both criminal and non-criminal cases.

Certain homicide cases can be excusable or justifiable in certain situations. For example, you can commit a homicide if you kill someone when defending yourself. A homicide can also happen if you are a police officer performing your duties. In such cases, you typically won’t face penalties for committing a homicide. However, to prove that the killing was excusable, you’ll need a good attorney to help persuade the prosecutor and the judge about what occurred.

Unlawful homicide covers all killings of another person that lack lawful justification. These include murder and manslaughter.

If the authorities arrest you or charge you with murder or manslaughter, you might lose your freedom, as these crimes can lead to long prison sentences, ranging from 25 years to life.

The Difference Between Murder and Manslaughter

Murder and manslaughter both involve the unlawful taking of a life. However, they are distinct from each other and are subject to different penalties according to California’s laws on homicide. Here is what you need to know about each:

Murder Under California Penal Code 187

A murder occurs when one person takes the life of another individual or fetus with malice aforethought. Malice aforethought means either that there was a conscious intent to kill or that a person acted with a conscious contempt for human life before the act. It does not always mean that a person acted with hatred or anger.

If the court accuses you of murder under PC 187, it can result in significant and potentially life-changing consequences if you are convicted.

Depending on the individual facts of your case, the prosecutor may or may not charge you with:

First Degree Murder

First-degree murder is the most severe form of homicide. It requires both intent to kill and premeditation. Courts will require evidence to show that the act was not simply impulsive. Before committing first-degree murder, you should have:

  • Developed a plan for committing the murder
  • Set up an ambush
  • Created an escape route
  • Had weapons prepared ahead of time

In some cases, depending upon certain circumstances or a particular victim, prosecutors can elevate the charges to capital murder, enabling someone to possibly receive the death penalty. However, currently in California, executions are paused.

Should the prosecutor provide overwhelming and persuasive evidence that leaves no reasonable doubt, you may receive a conviction for first-degree murder. The punishment for this type of crime is life in state prison without the possibility of parole.

Second Degree Murder

Second-degree murder involves intentional conduct done with malice; however, it does not involve the premeditation or planning that is associated with first-degree murder.

This category of murder includes situations where you might have intended to inflict serious harm but ended up killing someone without having a detailed plan in place.

For instance, if you engage in a heated argument and, in a moment of rage, pull out a weapon and fatally injure another person without prior intent, that situation could qualify as second-degree murder. The penalties for this crime typically range from 15 years to life behind bars.

Felony Murder

Felony murder occurs when someone dies, whether intentionally or accidentally, while you’re committing a felony. You can face felony murder charges just because the death happened during the commission of another felony.

You can be prosecuted for felony murder if it occurs while you’re committing any of the following crimes:

  • Arson
  • Carjacking
  • Rape and other sexual offenses
  • Burglary
  • Robbery
  • Kidnapping
  • Mayhem
  • Any homicide resulting from shooting a gun from a vehicle at someone outside, with the intent to kill.
  • Train wrecking

To get a felony murder conviction, the prosecutor only needs to show that the death is associated with the felony you committed.  Depending on the specifics of the underlying felony, the prosecution can charge you with either a first-degree or second-degree felony murder. If convicted of first-degree felony murder, you could face a prison sentence of twenty-five years to life.  On the other hand, if the court has charged you with second-degree felony murder, the penalty could range from fifteen years to life in prison.

Capital Murder

In California, “capital murder” refers to a first-degree murder charge that has been intensified by specific circumstances, as outlined in PC 190.2. These circumstances might involve:

  • You killed someone for money
  • Your crime is tied to gang activity
  • Your crime involved a drive-by shooting
  • You killed multiple people
  • The victim was a prosecutor, firefighter, elected official, police officer, or
  • You killed a witness to stop them from testifying

If your murder case is classified as “capital murder,” the potential penalties after a conviction could be life in prison without parole or the death penalty, depending on the details of your case.

Manslaughter Under PC 192

Manslaughter is a type of homicide, but it is considered less serious than murder. It involves killing someone without premeditation or intent to harm. During plea negotiations, a prosecutor might agree to drop a murder charge if you plead guilty to manslaughter instead. Here are three types of manslaughter:

Voluntary Manslaughter 

You are guilty of voluntary manslaughter under PC 192(a) when you kill another individual as a result of being provoked, in the heat of the moment, or because you reasonably but mistakenly believed you needed to defend yourself. The prosecutor has to prove that:

  • The victim provoked you
  • You were acting unreasonably and could not think clearly because you were overwhelmed by emotion
  • The provocation would have led a reasonable person to act the way you acted

Voluntary manslaughter differs from murder because it lacks premeditated intent or malice. To fully comprehend PC 192(a), one must understand what is meant by “heat of passion.” This phrase describes an intense feeling, something emotionally overwhelming enough that the engagement in conduct is thoughtless.

If you had time to calm down after an upsetting event and then chose to kill someone, it wouldn’t count as voluntary manslaughter. In that case, the prosecutor might charge you with premeditated murder. Here are some situations that can be considered voluntary manslaughter under PC 192(a):

  • You walk in on your wife cheating, get overwhelmed with anger, and stab her
  • You use lethal force in self-defense after a fight
  • You use deadly force against a pickpocket who isn’t armed
  • You kill someone because you mistakenly believe they pose a threat to your loved one
  • You respond to insults with deadly actions

If the prosecutor wins a conviction for voluntary manslaughter against you, the judge might choose to:

  • Offer probation, but you would need to spend up to one year in jail
  • Impose a fine of up to $10,000
  • Refuse probation and give you a jail sentence of three, six, or eleven years

Your lawyer must present strong arguments to persuade the judge to give you the lightest sentence possible. For example, your defense attorney can argue that:

  • You have never been in trouble with the law before
  • Any reasonable person in your situation would act similarly
  • You showed cooperation and respect to everyone during the prosecution

Involuntary Manslaughter

PC 192(b) explains involuntary manslaughter and the penalties you might face if convicted. You commit involuntary manslaughter when you unlawfully kill someone due to your carelessness. Unlike murder, where the prosecutor must show that you acted with intent to harm, they don’t need to prove intent for a PC 192(b) conviction. You commit involuntary manslaughter when, during an argument with your spouse, you grab a gun to scare them. Then the gun accidentally goes off and kills them.

To get an involuntary manslaughter charge against you, the prosecutor needs to show these facts clearly and convincingly:

  • You committed a misdemeanor, a felony that isn’t “inherently dangerous,” or a legal act done in an illegal way
  • Your actions caused someone’s death
  • You either committed the offense or acted with criminal negligence

Whether your involuntary manslaughter charge is based on a legal act or an offense, the prosecutor must prove that you acted with “criminal negligence” to win the case under PC 192(b). Criminal negligence means more than just being careless, inattentive, or making a bad decision. In simple terms, it happens when:

  • You act recklessly, creating a high risk of serious injury or death
  • A reasonable and sober person would have recognized that your behavior could lead to such risks

The court will view your actions as responsible for the victim’s death if their death directly resulted from what you did. That means that the person wouldn’t have died if it weren’t for your actions.

A PC 192(b) charge is a serious felony, and a conviction can cause serious punishments, including:

  • Two to four years in jail
  • A fine of up to $10,000
  • Felony probation

Vehicular Manslaughter 

You commit vehicular manslaughter when you unintentionally kill someone while driving recklessly or carelessly. For example, if you accidentally cause a car accident while you are speeding or texting, the prosecutor may charge you with involuntary manslaughter under PC 192(c). The penalties you might face if convicted depend on: 

  • How careless you were 
  • Your criminal history 
  • If you were under the influence 

Unlike involuntary or voluntary manslaughter, vehicular manslaughter happens while you’re driving. If the prosecutor shows you were normally negligent, you could get misdemeanor penalties, including up to one year in jail. 

If your actions show gross negligence, you could face either felony or misdemeanor penalties since it’s a wobbler offense. A felony conviction under PC 192(c) can result in six years of incarceration, and a misdemeanor conviction can result in a maximum of one year.

Other Consequences of Being Convicted of Murder or Manslaughter

In addition to the penalties mentioned above, other consequences of conviction for murder or manslaughter include the following:

  • The court places a “strike” on your criminal record under the “Three Strikes Law,” which can, upon a third conviction, impose 25 years to life in prison
  • Permanent criminal record, which impedes employment opportunities
  • Loss of firearm privileges associated with the original crime if a firearm was used

The Importance of a Defense Attorney when Charged with Murder or Manslaughter

When you are charged with manslaughter or murder, having a qualified and trustworthy defense attorney at your side is critical.  An attorney will help you understand the complexities of these serious criminal offenses.  Generally, they will:

Find Eyewitnesses 

A defense attorney will look for eyewitnesses who will support your defense. This information can cause the prosecution to drop the charges, the charges to be amended to a lesser offense, or it may help with a more lenient sentence.  Additionally, an attorney may work with experts such as psychologists and forensic professionals to gather testimonial evidence to increase the defense’s chance of a favorable outcome.

Negotiate a More Favorable Plea Agreement

If appropriate, you may negotiate a plea agreement with the prosecutor, thus avoiding an expensive and protracted trial for a murder or manslaughter allegation that can lead to serious sentencing if a conviction.

A skilled attorney can help you decide if negotiating a good plea deal is right, as any plea option will have some penalties. In some cases, taking your chances at trial may be your best option if the prosecution lacks sufficient evidence or there are gaps in their case.

Investigation and Evaluating Evidence In Your Case

Your defense attorney will comprehensively investigate your case facts and review the strengths and weaknesses of the prosecutor’s evidence to enhance your circumstances.

Common Legal Defenses Used by Your Lawyer on A Murder or Manslaughter Charge

Having a skilled criminal defense lawyer at your side is vital when your freedom and possibly your life are at stake. An experienced criminal defense attorney can provide exceptional legal representation as you fight against a murder charge. Every case is unique, but these legal defenses could help you get a lighter sentence or even have your murder or manslaughter charge dismissed:

You Acted In Self-Defense

In California, self-defense laws permit you to protect yourself in specific situations. Homicide laws justify killing if you genuinely believe that you or others are in immediate danger of being killed, seriously injured, or becoming victims of rape, robbery, or other violent crimes.

You Have an Alibi

“Alibi” is a Latin word that means “in another place”.  If you are accused of a crime but could not have committed it because you were somewhere else when it was committed, then you have an alibi.

You can refute any allegations that you are the culprit if your attorney can corroborate your alibi with

  • Witnesses
  • Credit card receipts
  • Surveillance tapes
  • Other evidence

Your Confession Was Obtained Under Pressure

Police officers cannot use harsh tactics to force you to confess. Some examples of improper or illegal interrogation methods include:

  • Making false promises of leniency for a confession
  • Continuing to question you after you request a lawyer
  • Physically harming you or threatening further punishment
  • Denying you water, food, or sleep

These tactics can be so intense that innocent people often feel compelled to admit to crimes they didn’t commit.

If your criminal defense attorney can prove that the police pressured you into confessing, then:

  • The case may be dismissed entirely
  • The judge might rule your confession inadmissible

Mistaken Identification

Mistaken identification is a major factor in wrongful convictions. There are numerous reasons this can happen:

  • You may have a resemblance to the actual perpetrator, whether it be your clothing, appearance, or even your vehicle
  • Someone may incorrectly assume you committed a crime
  • In some instances, a person may name you as the perpetrator or claim you were involved, to deflect any suspicion away from themselves

Insanity

In California, the legal standard used to determine whether a defendant is insane is referred to as the M’Naghten test. The M’Naghten test evaluates whether you understand the nature of your actions or whether you can distinguish right from wrong. If the defense can show that you committed the crime due to a lack of understanding, California law may excuse your actions.

A preponderance of evidence must support the insanity defense. If you are found not guilty by reason of insanity, you will probably be placed in a psychiatric facility until the court decides you no longer pose a threat to society.

Find an Experienced Criminal Defense Attorney Near Me

In California, the distinction between murder and homicide primarily depends on intent, circumstances, and evidence. These factors can significantly influence whether you face life in prison or go free. If you or your loved one has been charged with murder, manslaughter, or any type of homicide, you should not try to defend yourself before the court. Knowledgeable criminal lawyers can help.

A knowledgeable defense attorney will hold the prosecution to the high standard that proves their case beyond a reasonable doubt. If you or someone you know has been accused of murder, our lawyers at Los Angeles Criminal Lawyer will carefully look into the case and prepare your case for trial. Call us today at 310-502-1314 to schedule a consultation.