Murder and manslaughter both result in the end of a life, but they are defined differently under California law. 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?
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 a specific intention to kill or a reckless disregard for the value of human life. You can be charged with first-degree murder, second-degree murder, or felony murder.
- First-degree murder: Murder that is perpetrated by means of a destructive device or explosive, a weapon of mass destruction, knowing use of ammunition designed primarily to penetrate metal or armor, poison, lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or that is committed in the perpetration of, or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or discharging a firearm from a motor vehicle intentionally at another person
- Second-degree murder: The unlawful killing of a human being with malice aforethought but without premeditation or deliberation. Any murder that is not considered first-degree can be charged as second-degree.
- Felony murder: Directly killing someone, aiding and abetting in first-degree murder with intent to kill, or causing the death of an on-duty police officer while attempting, committing, or being a major participant in a felony crime
Murder in the first degree is punishable by death, life in prison without parole, or 25 years to life in prison. Second-degree murder is punishable by 15 years to life in prison. To learn more about felony murder, read here.
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.
- Voluntary manslaughter: Upon a sudden quarrel or heat of passion
- Involuntary manslaughter: In the commission of an unlawful act, not amounting to a felony, or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection
- Vehicular manslaughter: Driving a vehicle in the commission of an unlawful act, not amounting to a felony, with or without gross negligence, or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with or without gross negligence
Voluntary manslaughter is punishable by 3, 6, or 11 years in prison, involuntary manslaughter is punishable by 2, 3, or 4 years in prison, and vehicular manslaughter is punishable by either 1 year in jail or 4, 6, or 10 years in prison, depending on the level of charges.
Understanding the differences between murder and manslaughter is important when facing related charges. Work with a skilled defense attorney for experienced representation during your case.