Any crime involving the loss of someone’s life can trigger swift and aggressive legal action. Prosecutors in California take homicide cases seriously, and those facing murder or manslaughter charges understandably feel overwhelmed and intimidated by the potential penalties associated with these criminal offenses. Although the terms homicide, murder, and manslaughter may seem somewhat interchangeable, it’s important to take some time to understand their differences. The circumstances of each case determine the nature of the charges that prosecutors may bring against the defendant, and the penalties associated with the charges can vary substantially. Regardless of the crime or crimes you stand accused of at this moment, it’s essential to enlist the guidance and counsel of a highly qualified and experienced Los Angeles County criminal defense attorney as soon as possible. With your future up in the air, knowing that you have a dedicated legal advocate in your corner can help you navigate every step of the upcoming legal proceedings with greater understanding and clarity. This post will explore the differences between murder and manslaughter charges in California, their potential penalties, and the steps you can take to uphold your legal rights at every stage of the criminal justice process.
Understanding Homicide Charges in Los Angeles County
First, it’s helpful to understand that the term homicide serves as an umbrella term that pertains to all cases in which one person dies at the hands of another person. Essentially, California recognizes that certain killings are legal, such as using lethal force against someone who was threatening your life. Although the court may find that you were justified in this act of self-defense, the case would still be considered a (legal) homicide. However, when it comes to illegal killings, California law separates these crimes into two categories: Manslaughter and murder.
What is the Difference Between Manslaughter and Murder?
Manslaughter and murder are both types of illegal killings under the category of homicide crimes. The key difference between murder and manslaughter is the defendant’s state of mind leading up to and at the time of the killing. Both of these criminal offenses are outlined and explored below.
Manslaughter Crimes Under California Law
Under California Penal Code sec. 192, “Manslaughter is the unlawful killing of a human being without malice.” Manslaughter is classified into three categories: Voluntary, involuntary, and vehicular.
Voluntary manslaughter involves the killing of another person during a sudden argument, in the heat of passion, or based on an honest yet unreasonable belief that the defendant needed to act in self-defense. For instance, a heated argument between spouses may trigger one spouse to kill the other in the intensity of the moment.
Involuntary manslaughter, in contrast, refers to the unintentional killing of another person while the defendant is also committing a lawful act that might produce death or a crime that is not inherently dangerous. An example of involuntary manslaughter might be be a jogger who accidentally runs into a pedestrian and fatally wounds them.
Finally, vehicular manslaughter applies to cases in which the defendant drives a motor vehicle (or bicycle) in a negligent manner and causes the death of another person. Texting while driving is an act of negligence behind the wheel, so you can face vehicular manslaughter charges if you were engaging in this behavior and crashed into another vehicle, leading to someone else’s death.
Generally speaking, most manslaughter offenses are felony crimes, punishable by up to several years in prison, costly fines, and other limitations and restrictions on your freedom. You can discuss the specifics of your case with a seasoned Los Angeles County criminal defense lawyer to learn more about the potential consequences of a conviction.
Murder Offenses in Southern California
The primary difference between manslaughter and murder is the defendant’s state of mind. California Penal Code sec. 187 reads, “Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.” Malice means that the defendant deliberately killed another person, illegally, with the knowledge or desire to do so.
First-degree murder involves a killing that was planned or intentionally designed before the defendant carried it out. California recognizes a few forms of first-degree murder, each with its own set of circumstances and penalties. Capital murder involves the unlawful killing of another person with malice aforethought under special circumstances (i.e., killing for financial gain, killing more than one person, killing a police officer or elected official, hate crime killings, etc.). Capital murder carries the harshest of penalties, including possible death penalty or life imprisonment sentences. Felony murder crimes can be classified as either first-degree or second-degree murder. These charges may be brought against defendants who kill another person while committing a dangerous felony (i.e., grand theft auto, robbing a store, etc.). Depending on the specifics of the case, someone convicted of felony murder could face a prison sentence of 15 years to life behind bars, expensive fines (and even capital punishment in very narrow circumstances.)
Second-degree murder charges typically apply to homicide cases where the defendant did act with malice aforethought but did not exhibit a premeditated intent to kill. In other words, prosecutors must prove that the defendant acted with some type of malice in order to secure a conviction for second-degree murder. The main distinction between second-degree murder and manslaughter in California is that the former charge involves some degree of malice, while the latter involves a killing without malice. The potential penalties for a second-degree murder conviction include fifteen years to life imprisonment and other restrictions on your freedom.
Get Started on Your Legal Defense Strategy Today
Facing criminal charges of any kind can be a daunting and overwhelming experience for anyone. Suddenly, you find yourself facing an uncertain future. As soon as you can, reach out to a dedicated and experienced Los Angeles County criminal defense attorney to start preparing a solid and effective legal defense strategy that aims to keep your future as bright as possible.
Homicide crimes carry some of the most severe and lasting penalties. If you or a loved one is facing murder or manslaughter charges in Los Angeles County, you need exceptional legal representation right away. Call Wegman & Levin today at (818) 980-4000 to schedule a free consultation with a highly experienced and trusted criminal defense attorney.
