Homicide charges, whether intentional or unintentional, are some of the most serious accusations a person can face under California law. Understanding the differences between homicide, murder, and manslaughter is essential to navigating the legal system and protecting your rights.
Murder vs. Manslaughter
Murder is defined in California Penal Code as the unlawful killing of a human being (or fetus) with “malice aforethought.” In other words, it involves a killing that demonstrates a disregard for human life. There are two main degrees of murder:
– First-degree murder involves premeditation and planning, and penalties can include the death penalty or life imprisonment without the possibility of parole.
– Second-degree murder lacks premeditation but still involves a killing done with malice. Penalties for second-degree murder typically range from 15 years to life in prison.
On the other hand, manslaughter occurs when a killing happens “without malice,” and it is typically considered less severe than murder. Manslaughter can be divided into three categories:
– Voluntary manslaughter occurs when a person kills in the heat of passion or during a sudden quarrel.
– Involuntary manslaughter typically involves an unintentional killing that occurs during the commission of a non-felony crime or due to reckless behavior.
– Vehicular manslaughter involves the killing of another person due to reckless or negligent driving.
While manslaughter charges tend to result in lesser penalties than murder, they still carry significant consequences, often resulting in years of prison time.
Regardless of whether you are facing murder or manslaughter charges, it’s critical to seek experienced legal counsel. A criminal defense lawyer with expertise in homicide cases can thoroughly investigate the circumstances of the case, interview witnesses, and gather evidence to help build a strong defense strategy.
If you’re facing homicide charges, time is of the essence. Consulting with an experienced homicide attorney as soon as possible is essential to ensure you are fully informed and prepared for the legal challenges ahead. Call (818) 797-4465 to schedule a consultation or contact us online.