Orange County Homicide Lawyers

How Does California Define Homicide Offenses?

Homicide is the unlawful killing of one person by another. Still, not all homicides are treated the same under California law. The state distinguishes between different types of homicide, each with its legal implications and penalties. Broadly, the offenses include murder and manslaughter, two charges that carry severe consequences but differ in terms of intent, circumstances, and legal definitions.

Murder under California Penal Code § 187 involves the intentional killing of another person. This charge is considered more severe than manslaughter due to the presence of malice, which refers to the intent to kill or cause serious harm. 

The degrees of murder include:

• First-degree murder is the most serious form and involves a killing that is premeditated, willful, and deliberate. It can also apply to killings that occur during the commission of certain crimes, such as arson, rape, robbery, carjacking, or burglary.
• Second-degree murder applies to any other killing that doesn’t meet the criteria for first-degree murder but still involves malice. These acts can include impulsive or unplanned killings without premeditation.

On the other hand, manslaughter (California Penal Code § 192) refers to a killing that occurs without malice, typically in situations where the death was unintentional. 

While manslaughter is a serious charge, it is considered less severe than murder, with different types depending on the circumstances surrounding the death:

• Voluntary manslaughter happens when someone kills another in the heat of passion, often triggered by a quarrel or provocation. The key element is that the killing is not premeditated, but it occurs under intense emotional stress.
• Involuntary manslaughter involves an unintentional killing that results from either an unlawful act (but not a felony) or a lawful act that is carried out in a manner that could likely cause death. 
• Vehicular manslaughter is a specific form of involuntary manslaughter that occurs when someone causes a death through negligent driving, which can be gross negligence or ordinary negligence, depending on the circumstances.

Understanding the differences between these charges is critical in building a defense strategy. If you’re facing homicide charges, consult an experienced attorney who can guide you through the complexities of the law and help protect your rights.

California’s Penalties for Homicide Convictions

Homicide charges carry severe penalties, with the potential for life-altering consequences. The punishments can vary depending on the charge, the circumstances surrounding the death, and any aggravating or mitigating factors.

The possible sentences that can be imposed upon a conviction include the following:

• First-degree murder: The penalties for first-degree murder include a sentence of life in prison without parole or the possibility of the death penalty.
• Second-degree murder: A conviction for second-degree murder carries a sentence ranging from 15 years to life in prison. However, parole eligibility may be possible after a set number of years.
• Voluntary manslaughter: The sentence for voluntary manslaughter is three, six, or 11 years in prison.
• Involuntary manslaughter: Those convicted face imprisonment for two, three, or four years in state prison.
• Vehicular manslaughter (gross negligence): If the individual’s actions were considered grossly negligent, the penalties could include up to one year in county jail or two, four, or six years in state prison.
• Vehicular manslaughter (negligence): A conviction can result in jail time of up to 1 year.
• Vehicular manslaughter (causing an accident for financial gain): A conviction for this type of vehicular manslaughter can lead to a prison sentence of 4, 6, or 10 years.

Because these cases carry such severe consequences, having a skilled criminal defense attorney is essential to explore every possible option and work toward a favorable outcome for your case.

Defending Against Homicide Charges

Several legal defenses can be used to challenge the prosecution’s arguments in a homicide case. A skilled criminal defense lawyer can explore avenues to protect your rights, potentially reduce charges, or obtain a dismissal. 

Defenses commonly used in homicide cases include the following:

• Self-defense or defense of others: This defense argues that the accused was justified in using force, including lethal force, to protect themselves or someone else from imminent harm
• Accidental death without intent: In some cases, a death occurs without any intent to kill. These situations might involve accidents or an unintended consequence of a lawful action.
• Mistaken identity or lack of evidence: This defense may be used if a witness misidentified the defendant or faulty evidence caused law enforcement to pursue the wrong individual.
• Police misconduct or procedural errors: If law enforcement officials violated a defendant’s rights during the investigation or arrest, such as conducting an unlawful search or seizure, illegally obtaining a confession, or mishandling evidence, these actions could undermine the prosecution’s case. Additionally, any mistakes made by the police in following proper legal procedures might be grounds for a dismissal or reduction of charges.

The defense strategy must be tailored to each case’s circumstances. If you’re facing homicide charges, having an experienced defense attorney who can identify a practical approach to your case is critical.

Why Hire a Homicide Defense Lawyer?

Facing homicide charges in California can feel overwhelming and life-altering. The stakes are incredibly high. Beyond the potential prison time, a homicide charge carries a significant emotional and personal toll. It can destroy your reputation, fracture relationships, and leave you uncertain about your future. In this challenging time, a defense lawyer can protect your rights and set expectations.

An attorney can thoroughly investigate the evidence and identify potential weaknesses in the prosecution’s case. They can also handle negotiations with prosecutors, seeking a reduced charge or more favorable plea deal if appropriate. More importantly, they can build a robust defense strategy tailored to your case.