What Are Murder and Manslaughter in California?

While murder and manslaughter are both considered homicide offenses under California law, they have drastically different definitions and penalties. The most considerable difference between the two is the intent of the matter, also known as mens rea. As such, the court must carefully consider all aspects of the circumstances surrounding the matters. If you were involved in a situation that resulted in an individual’s death, understanding the definitions and differences between these offenses is crucial. Read on for more information and contact a Tehama County violent crimes lawyer for skilled legal advice today.

What Is Murder in California?

Under California Penal Code Section 187, murder is “the unlawful killing of a human being, or a fetus, with malice aforethought.” The use of “malice aforethought” refers to the specific intention to kill or a reckless disregard for the value of human life. As such, murder charges are generally defined by the intent to cause the death of another person. Under California law, murder can be divided into different categories based on the circumstances of the crime.

First-Degree Murder

• Defined by premeditated and deliberate killings
• Use of poison, explosives, or other destructive devices
• Killings that are the result of lying in wait or torture
• Deaths that occur during certain serious felonies, like kidnapping, rape, or robbery

Second-Degree Murder

• Intentional killings without premeditation
• Acts that show extreme recklessness and indifference to human life
• Killings that do not meet first-degree statutory criteria

Felony Murder

• Deaths occurring during the commission or attempted commission of specific felonies
• Acting as a significant participant while exhibiting reckless disregard for human life

Penalties for Murder Convictions in California

Under California law, murder is one of the most serious and heavily penalized crimes. However, sentencing will depend on the degree of murder the defendant is charged with, as well as the presence of any aggravating factors in the case. Common punishments include:

• First-Degree Murder: 25 years to life in prison
  • Life in prison without the possibility of parole is possible in some cases
• Second-Degree Murder: 15 years to life in prison
• Additional penalties may apply based on the use of weapons or prior criminal history

It’s also important to note that California has not outlawed the use of the death penalty. Though executions have been subject to a moratorium, the statute is still in place.

What Is Manslaughter?

Manslaughter, according to the California Penal Code Section 192, is defined as “the unlawful killing of a human being without malice.” There are three types of manslaughter recognized under CA law: voluntary manslaughter, involuntary manslaughter, and vehicular manslaughter. Manslaughter charges reflect the fact that not all homicides involve deliberate disregard or reckless indifference to human life.

Voluntary Manslaughter

• Killings committed “in the heat of passion”
• Sudden quarrels or provocation
• Emotional disturbance disrupts logic and rationality

By nature, voluntary manslaughter acknowledges the intent to act, but not with malice

Involuntary Manslaughter

Involuntary manslaughter occurs when a death results from criminal negligence or an unlawful act that is not considered a felony offense. This includes:

• Improper handling of a firearm
• Physical altercations without intent to kill
• Criminal negligence

Vehicular Manslaughter

Vehicular manslaughter occurs when unlawful or negligent driving results in deaths. This is most commonly seen in accidents where:

• The driver is under the influence
• The driver was speeding or operating the vehicle in a reckless manner
• There is gross negligence

Penalties for a California Manslaughter Conviction

Under California law, the penalties for a manslaughter offense are much less severe than the sentence range for a murder conviction. However, these can still carry serious consequences, including time spent in prison.

General Manslaughter Prison Sentences

• Voluntary manslaughter is punishable by:
  •  3, 6, or 11 years in prison
• Involuntary manslaughter is punishable by:
  •  2, 3, or 4 years in prison
• Vehicular manslaughter is punishable by either:
  • 1 year in jail or 4, 6, or 10 years in prison

Like all criminal offenses, the sentence you will face when convicted will depend on the circumstances of your case.

The Key Difference Between Murder and Manslaughter

As mentioned, the most important distinction between a murder and a manslaughter offense in California is mens rea, or intent. To successfully convict someone of a murder offense, the prosecutors must prove that there was malice aforethought. However, someone may still be convicted of manslaughter if intent is absent or legally mitigated. To determine which charge applies, the courts will consider:

• The defendant’s emotional state at the time of the incident
• Their actions leading up to and immediately after the death
• Whether or not dangerous weapons were used
• If there was time to reflect or cool down before the act

How Manslaughter Charges Can Become Murder Charges

It’s not uncommon for individuals to initially be charged with a manslaughter offense, only for it to escalate to a murder charge as evidence becomes clearer. As such, you may find that your charges increase when the following is uncovered:

• Awareness of the risk of death
• Planning or threats
• Conscious disregard for human life
• Continued dangerous behavior after warnings

Contact a Tehama County Criminal Defense Lawyer

Murder is one of the most serious crimes you can be charged with. As such, if you have been charged with murder or manslaughter in Northern California, it is imperative to connect with an experienced criminal defense attorney with Cohen Criminal Law as soon as possible. Our firm understands the complexity of these cases, which is why we are committed to exploring all avenues to defend you. Contact us today to learn more.