The Different Types of Homicide in California
In 2019, California’s homicide laws changed. Before 2019, you could be convicted of murder in California if someone died while you were committing a felony, regardless of whether you intended to kill someone or were even involved in the death.
Following the 2019 legal change, the circumstances under which you can be convicted of “felony murder” are narrower. Here, we’ll explore the different kinds of homicide in California and what can lead to a conviction under each type.
Murder – First and Second Degrees
Both first and second-degree murder charges require that a person either intentionally killed another person or did one of the following while committing a felony:
- Killed someone directly.
- Had the intent to kill and assisted the actual killer.
- Was a major participant in the felony and acted with “reckless indifference” to human life.
- Was a participant in a felony in which an on-duty police officer was killed.
- First-Degree Murder
A murder can be charged in the first degree if it is committed with pre-meditation (any advance planning) or committed deliberately or willfully.
Additionally, first-degree murder can be charged if:
- The killing was committed using explosives, armor-piercing bullets, a weapon of mass destruction, firing a gun from a motor vehicle, poison, lying in wait, or torture.
- The killing was committed in conjunction with a violent felony such as kidnapping or rape.
- Second-Degree Murder
Second-degree murder is defined as any murder that doesn’t meet the requirements of first-degree murder. The other requirements of a murder conviction – an intent to kill or major participation in a felony – must still be met.
- Penalties for Murder
A conviction of first-degree murder in California carries a minimum sentence of 25 years in prison and a maximum sentence of the death penalty. For second-degree murder, a conviction carries a minimum penalty of 15 years in prison and a maximum sentence of life in prison. Life without parole might be ordered for second-degree murder if the defendant had a prior murder conviction.
Manslaughter – Voluntary and Involuntary
- Voluntary Manslaughter
Voluntary manslaughter is an unlawful killing that occurs without “malice.” Unlike murder, it may be charged if the killing follows a fight or other triggering event. Whereas murder usually must be deliberate or intentional, voluntary manslaughter is a killing that follows some sort of provocation. California law expressly notes that a “provocation” cannot include discovering a victim’s gender, gender identity, gender expression, or sexual orientation.
- Involuntary Manslaughter
You can be charged with involuntary manslaughter if you kill another person while either:
- Committing an unlawful act that is not a felony
- Committing a lawful but extremely dangerous act that involves a high risk of death or injury
An accident that kills someone is not considered manslaughter unless it is voluntary, occurs during unlawful behavior, or occurs while the defendant was acting negligently.
- Penalties for Manslaughter
Maximum penalties for manslaughter are significantly lower than those for murder. Penalties for voluntary manslaughter may range from 3 to 11 years in prison, and involuntary manslaughter is punishable by 2 to 4 years.
If you or a loved one is facing murder or manslaughter charges, you need an experienced attorney to help you navigate these complex distinctions. Defense attorneys specialize in explaining California’s criminal laws and helping you navigate the legal system.
Because the penalties for homicide are severe, it is essential to work with a criminal defense attorney in Santa Ana, CA who can help defend you against these charges. If you have been charged with a homicide or another crime, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
