Murder, as technically defined in California by Penal Code Section 187, is the act of putting another human being to death in an unlawful and unjustified way, with “malice aforethought.” Murder in the First Degree (as defined in CA Penal Code 189) is murder committed after deliberation and premeditation. Other murders–such as those committed out of blind, reactive rage–are considered Second Degree. Our firm has handled and is currently handling many Orange County murder cases and has been able to dismiss Riverside murder cases.

Felony Murder Rule

Pursuant to CA Penal Code 189, if the commission a felony that is “inherently dangerous” (such as carjacking or kidnapping) results in a killing, the perpetrator of said felony can be charged with First Degree murder, even if the killing was an accidental and unintended consequence of the crime.

Death Penalty

Individuals convicted of certain crimes may be subjected to the Death Penalty in California pursuant to Penal Code Section 190.2. The state can only request capital punishment under certain circumstances, such as:

• The killing of uniformed police or federal officers; judges; or magistrates.
• Murder resulting from the detonation of a terrorist device or bomb.
• Murder carried out for anti-ethnic or anti-religious reasons.
• Murder carried out while in the commission of certain dangerous felonies.
• Murder carried out after stalking or “laying in wait” for a victim.

If the state does not seek the death penalty it can seek life without the possibility of parole (LWOP) in murder cases.

Manslaughter

Manslaughter is another kind of homicide. It’s considered a lesser offense than murder. So-called voluntary manslaughter, defined in California Penal Code 192, involves the killing of someone in the prosecution of an “unreasonable” act of self-defense. For instance, if someone assaulted you on a train platform, and you pushed him onto the train tracks, where he was subsequently run over, you could be charged with voluntary manslaughter. The statute stipulates punishment ranging from three years to 11 years in prison.

Involuntary Manslaughter

This crime, defined pursuant to California Penal Code Section 192, is the accidental or involuntary killing of another human being due either to “gross negligence” or to consequences stemming from the commission of a misdemeanor. If convicted, you may face between two and four years in prison.

Vehicular Manslaughter

This crime is defined as the accidental/involuntary killing of another human being while operating a motor vehicle in a negligent or unlawful fashion. Depending on the details, the crime merits a jail sentence of between one and ten years (whether driver was intoxicated, whether driver was grossly negligent, etc)