Learn the Basic Homicide Laws in California from a Criminal Defense Attorney in Rancho Cucamonga CA

Learn the Basic Homicide Laws in California from a Criminal Defense Attorney in Rancho Cucamonga CA

If you or a loved one has been accused of or charged with murder, it is important to understand what these charges mean. Keep reading to learn the basics of homicide and then contact Chambers Law Firm at 714-760-4088 if you require a free legal consultation with an experienced criminal defense attorney in Rancho Cucamonga CA.

First and Second-Degree Murder

In order to be charged with first or second-degree murder, a person must either have murdered another person intentionally or have done one of the following while committing a felony:

  • Directly killed someone
  • Aided the assailant
  • Was a key player in the crime and acted with “reckless disregard” for human life
  • Was a party to a criminal that resulted in the death of an on-duty police officer

Murder in the First Degree

If a murder is done with premeditation (any previous preparation) or deliberately or willfully, it can be prosecuted in the first degree.

A charge of first-degree murder can also be brought if:

  • Explosives, armor-piercing bullets, a weapon of mass destruction, shooting a gun from a moving vehicle, poison, laying in wait, or torture were used in the killing
  • The murder took place in the context of a violent crime such as kidnapping or rape

Murder on a Second-Degree Level

Any homicide that does not fulfill the criteria for first-degree murder is classified as second-degree murder. The other elements of a murder conviction must still be fulfilled, such as an intent to kill or significant involvement in a felony.

Homicide Penalties

In California, a conviction for first-degree murder carries a minimum sentence of 25 years in prison and a maximum punishment of execution. A conviction for second-degree murder carries a minimum sentence of 15 years and a maximum term of life in prison. If the defendant has a prior murder conviction, he or she may be sentenced to life in prison without the possibility of release.

Voluntary and Involuntary Manslaughter

Unlawful killing that happens without “malice” is known as voluntary manslaughter. It may be charged, unlike murder, if the killing occurs after a fight or other triggering incident. Unlike murder, which must generally be deliberate or purposeful, voluntary manslaughter occurs after some form of provocation. The discovery of a victim’s gender, gender identity, gender expression, or sexual orientation is not considered a “provocation” under California law.

If you murder another person while doing one of the following things, you might be charged with involuntary manslaughter.

  • Committing a criminal offense that isn’t a felony
  • Taking part in legal but very risky conduct with a high chance of death or serious harm

An accident that kills someone is not deemed manslaughter unless it is willful, occurs while the defendant is engaging in illegal activity, or occurs while the defendant is behaving carelessly.

If you have been charged with any of these crimes, it is time to talk to a criminal defense attorney in Rancho Cucamonga CA who can help. Reach out to Chambers Law Firm at 714-760-4088 now.

.
Call Us Today