California Homicide Law

CALIFORNIA HOMICIDE ATTORNEY
Homicide is the killing of a human being.  Murder is often most associated with the term, but many homicides are not murders.  The death of another human being is the ultimate harm and often leads to serious consequences.  Death is always tragic, but not always criminal.  Below is an overview of the different California Penal Code sections dealing with homicide.  Again, Murder is in many ways the most prominent offense, but accounts for only some charged homicides.  All homicide charges are serious and require a knowledgeable, talented criminal defense attorney.

MURDER (PC 187)

Murder, is the unlawful killing of a human being with malice aforethought, pursuant to PC 187.  First Degree murder is typically charged for intentional killings, killings by use of bombs and other destructive weapons or killings that occur (even unintentionally) during the intentional commission of a felony (felony murder rule).  Second Degree murder also involves the willful killing of a human being, but is not premeditated.  First degree murder can be punishable by death if there are any aggravating circumstances present, including but not limited to: murder of multiple victims, hate crimes, murder of a police officer, judge, firefighter, witness, juror or elected official.  If not a death sentence, first degree murder is subject to punishment of 25 years to life in prison.  Second degree murder is punishable by 15 years to life in prison.  Murder is always a strike offense.

ATTEMPTED MURDER

Intending to commit murder is not enough for an Attempted Murder Conviction.  However, taking one direct or substantial step towards a murder.  Mere preparation is not enough.  Buying a weapon and even driving to someone's home is not enough.  Putting poison in a drink is enough, regardless of how long or likely it will be that the intended victim ever drinks it.  Additionally, it is important to note that attempted murder is only attempted murder with regards to the intended victim.  First degree attempted murder is punishable by life with the possibility of parole.  Second degree attempted murder is punishable by 5, 7 or 9 years in prison.  The difference between first and second degree attempted murder is the same as it is for murder: premeditation.

VOLUNTARY MANSLAUGHTER

Sometimes, even a deliberate killing does not amount to murder.  PC 192(a) Voluntary Manslaughter applies to passion killings.  This occurs when someone acts in the heat of the moment to voluntarily kill someone, but without the opportunity to think and form the intent required for murder.  Voluntary Manslaughter is typically reduced from a charge of murder, and is punishable by a maximum of 11 years in prison.

FELONY MURDER/DUI ("WATSON") MURDER

Unintentional killings can, under some circumstances still provide the basis for a murder charge or conviction.  If, during the commission of another felony, a defendant unintentionally kills someone, the intent to commit the felony transfers to the death.  Even death's caused by a co-defendant or a complete accident can be murder under California's felony murder rule.  Felony murder, is punished within the same range as murder.  First degree felony murder occurs when a death results from the commission of an inherently dangerous felony like arson, kidnapping, robbery, rape, etc. and is punishable by 25 years to life.  If someone accidentally kills someone during the commission of a lesser felony, they will be sentenced the same as second degree murder (15 years to life).

In addition to Felony Murder, an unintentional killing can be a murder under certain special circumstances.  If someone with a prior DUI kills someone unintentionally, while driving under the influence, that event may be charged as a murder (Watson murder).

INVOLUNTARY MANSLAUGHTER

A human being can kill another unintentionally, and still be culpable.  PC 192(b), Involuntary Manslaughter is the unlawful, unintentional killing of a human being during the commission of an unlawful act (not amounting to a felony).  Involuntary manslaughter is a felony, punishable by up to 4 years in prison. 

VEHICULAR MANSLAUGHTER

Traffic fatalities are truly tragic.  Accident's happen, but not all car-related death's are criminal.  Often, traffic fatalities involve a driver who has been drinking or is under the influence of drugs.  Law enforcement will jump to the conclusion that the driver with alcohol in his or her system was the cause of an accident and will almost always bring criminal charges under PC 191.5.  Intoxicated vehicular manslaughter under PC 191.5 is always a felony and is punishable by 16 months or 2 or 4 years in prison. 

Vehicular homicides not involving driving under the influence are charged under PC 192(c). PC 192(c) is a "wobbler" and can be charged as either a misdemeanor or felony.  The decision whether to charge as a misdemeanor or felony is up to the DA and depends on the defendant's criminal history and the facts of the case.  As a misdemeanor, PC 192(c) is punishable by up to 365 days in county jail.  As a felony, it can carry a sentence of 2, 4, 6 or 10 years in prison, depending on the recklessness of the driving and the defendant's criminal history. 

Feel free to contact my office anytime with any questions.  If you or someone you know has been charged with a homicide in California, it is vital that they have knowledgeable, aggressive representation.  Contact a Los Angeles Criminal Defense Attorney now for a free consultation.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
NL@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

---