Difference Between Murder and Homicide in California – Is There One?

14 Jul 25

Whether on TV, in the news, or even in casual conversations, we frequently hear the terms “homicide” and “murder” used interchangeably. While these two crimes are closely related because they involve the killing of another person, they hold different meanings in the Penal Code that make a significant difference in the sentence you could face after conviction.

Understanding these distinctions is crucial if you are under arrest, investigation, or charged with an offense that involves the killing of another person. That is where the services of an experienced criminal defense attorney become crucial.

In addition to helping you understand your legal options and rights, an experienced attorney can help you navigate the criminal court process and prepare defenses to weaken the prosecutor’s case against you for the best possible outcome.

What is Homicide?

Homicide is an umbrella term for all killings of another person, whether legal or illegal. Unlike what many think, homicide is a criminal offense when you commit it without a legal excuse or justification. Homicide could be excusable or justifiable under any of the following circumstances:

  • You were acting in self-defense
  • You are a police officer and were exercising your duties

Under these circumstances, killing another person is legally permissible, meaning you will not face any penalties. However, these intentional killings are only justifiable under certain circumstances. That means you need a credible attorney to help convince the prosecutor and the judge that the killing was justifiable in your situation.

Criminal or illegal homicide includes all killings of another person without any lawful justification or excuse, including murder or manslaughter. If you are under arrest or charged with murder or manslaughter, your freedom could be at risk because these offenses carry a lengthy jail sentence, including up to 25 years to life in jail.

Understanding the Distinction Between Murder and Manslaughter

Murder and manslaughter cover all acts that involve the illegal killing of another person, but they have varying legal definitions and penalties under the Penal Code. Here is what you need to know about murder and manslaughter, respectively:

Murder

Murder is an illegal homicide that involves the intentional killing of another person with malice aforethought. Malice aforethought refers to your mental state before committing the murder offense. Malice aforethought does not necessarily mean you acted out of hate or spite. You act with malice aforethought when you do the following:

  • Behave with disregard for human life
  • Behave with a specific criminal intent to kill another person without legal excuse or justification

A murder charge under Penal Code (PC) 187 can result in serious and life-changing consequences after conviction. Depending on the unique facts of your case, the prosecutor could file your murder charge as:

  1. First Degree Murder

You commit first-degree murder when you intentionally kill another person with premeditation and malice aforethought. You act with deliberation or premeditation when you weigh and consider your options before killing another person. To secure a first-degree murder charge against you, the prosecutor must prove the following:

  • You lie in wait for the victim
  • You plan and create an escape route
  • You created the escape route
  • You organised a plan to kill the victim

When the prosecutor’s evidence is sufficient and clear beyond a reasonable doubt, the court will convict you of first-degree murder. In that case, your sentence could include up to twenty-five years to life behind bars without the possibility of parole.

  1. Second Degree Murder

Second-degree covers everything that does not qualify as first-degree murder. You commit second-degree murder when you intentionally kill another person with malice aforethought, even though you did not have a premeditated intent. For example, the prosecutor could file second-degree murder charges if:

  • You intended to cause serious physical injury, but it resulted in the person’s death
  • You had the intent to commit a felony, but it resulted in the death of another person

A second-degree murder conviction will result in a jail sentence of up to fifteen years to life.

  1. Felony Murder

The court can convict you of a felony murder if another person (the victim) died during your commission of a felony. That is true even if:

  • You had no intent to kill the person
  • The killing was an accident
  • You were unaware that a homicide occurred

All the prosecutor needs to prove to secure a felony murder conviction against you is that the killing is directly related to the underlying felony offense.

Generally speaking, the prosecutor can file a felony murder offense as either first-degree or second-degree, depending on the facts of your case. The standard jail sentence for a first-degree felony murder conviction includes up to twenty-five years to life in jail.

However, when charged with second-degree felony murder, the penalty you will face after conviction could include fifteen years to life in jail.

  1. Capital Murder

Capital murder is a first-degree murder with special circumstances. However, capital murder is not a separate charge. Instead, it indicates that you could be eligible for the death penalty or life without parole. You could be at risk of these harsh penalties if any of the following facts are true:

  • Your offense is gang-related
  • Your offense involved a drive-by shooting
  • Your offense involves the killing of another person for financial gain
  • Multiple people lost their lives
  • The victim was a prosecutor, a firefighter, an elected official, a police officer, or a witness to prevent him/her from giving his/her testimony

If your murder case qualifies as a “capital murder,” your penalties after conviction could include life in prison (without the possibility of parole) or the death penalty, depending on the facts of your unique case.

Manslaughter

In addition to the above various types of murder, manslaughter also qualifies as homicide. However, manslaughter is a less serious offense than murder. Manslaughter is the killing of another person without malice aforethought.

Many times, during the plea bargain process, the prosecutor could be willing to drop your murder charge, but in return, you have to enter a guilty plea to a manslaughter offense. Here are three types of manslaughter offenses you ought to know:

Voluntary Manslaughter

According to PC 192(a), you commit a voluntary manslaughter offense when you illegally kill someone in the heat of passion, during a sudden quarrel, or because of an honest but unreasonable belief that you needed to defend yourself. Some of the key elements the prosecutor must prove to secure a conviction against you under this statute, through a sudden quarrel or in the heat of passion, include:

  • The victim provoked you
  • Due to the provocation, you acted irrationally and were overcome by a strong emotion that clouded your judgment and reasoning
  • The provocation would cause any average and sober person to act the way you did

Unlike a murder offense, voluntary manslaughter lacks malice aforethought or premeditation. For the sake of PC 192(a), you need to understand what “heat of passion” means. The term “heat of passion” under this statute means intense or violent emotion that could make you act impulsively.

That means if you had time to cool off after the provocation but later decided to kill the victim, your offense will not qualify as voluntary manslaughter. In this case, the prosecutor could file premeditated murder charges against you. Here are a few examples of acts that could qualify as voluntary manslaughter under PC 192(a):

  • Walking in on your wife cheating, in a sudden rage, you grab a knife and stab her
  • Using deadly force against a disarmed pickpocket
  • Using lethal force against another person in self-defense after a physical altercation
  • Responding to insults with deadly force
  • Killing another person you unreasonably believe is a threat to your child

If the prosecutor secures a voluntary manslaughter charge conviction against you, the judge could decide to:

  • Grant probation, but you have to serve up to one (1) year behind bars
  • Deny you probation and impose a three (3), six (6), or eleven (11) years of jail time
  • Impose a fine of up to $10,000

Your attorney must provide convincing mitigating arguments to convince the judge to grant the most lenient sentence. For example, your defense attorney can argue that:

  • You have no criminal record
  • You cooperated and portrayed utmost respect to everyone throughout the prosecution process
  • Any reasonable individual in your position would behave in a similar manner

Involuntary Manslaughter

PC 192(b) defines involuntary manslaughter and the penalties you could receive after conviction. According to this statute, you commit involuntary manslaughter when you illegally kill another person due to your criminal negligence.

Unlike murder, which requires the prosecutor to prove that you acted with malice aforethought, for a conviction for a PC 192(b) violation, the prosecutor does not have to prove that element. Here are examples of acts that could attract a PC 192(b) charge:

  • During a fight with her husband, Hellen retrieves a gun and waves it at him to threaten him (brandishing a weapon under PC 417), but the gun accidentally fires and kills the man
  • A man with a bulldog that has a history of attacking other people decides to let his dog run off-leash at a dog park, and it attacks another dog owner, mauling him to death

To secure an involuntary manslaughter charge against you, the prosecutor must prove the following facts with clear and satisfactory evidence:

  • You committed a misdemeanor offense, a felony that is not “inherently dangerous,” or a legal act in an illegal way
  • You committed the offense or acted with criminal negligence
  • Your acts caused someone’s death

Regardless of whether your involuntary manslaughter charge involves an underlying legal act or underlying offense, the prosecutor must prove that you acted with “criminal negligence” to secure a conviction against you under PC 192(b). According to this statute, criminal negligence is anything more than inattention, ordinary carelessness, or a mistake in judgment. In a nutshell, criminal negligence occurs if:

  • You act in a reckless manner that creates a high risk of serious bodily injury or death
  • Any reasonable and sober person would have known that behaving in that manner could create that kind of risk

Also, the court will consider your act or conduct to have caused the victim’s death if his/her death was due to a natural, probable, or direct consequence of your acts. That means that person’s death would not have occurred if it were not due to your acts.

Since a PC 192(b) charge is a felony, a conviction can result in grave penalties, including the following:

  • Two, three, or four years of jail time
  • A fine not exceeding $10,000
  • Felony probation

Vehicular Manslaughter

You commit the crime of vehicular manslaughter when you kill another person while driving unlawfully or negligently. For example, when you kill another person in a car accident while speeding or doing other distracting activities like texting, the prosecutor can file involuntary manslaughter charges against you under PC 192(c). The penalties you will face for a conviction under this statute will depend on the following:

  • The degree of your negligence
  • Whether you were under the influence
  • Your criminal background

Unlike the offenses of involuntary manslaughter and voluntary manslaughter, a vehicular manslaughter offense occurs when you are driving. If the prosecutor proves you acted with ordinary negligence, you will receive misdemeanor penalties after conviction, including up to one year of jail time.

However, if your offense involves gross negligence, you could face felony or misdemeanor penalties because it is a wobbler. A conviction for a felony PC 192(c) violation will carry six years of jail time. However, a misdemeanor conviction will carry up to one year of jail time.

Other Consequences of a Murder and Manslaughter Charges Conviction

In addition to the possible legal penalties, a conviction for a murder or manslaughter offense could result in the following consequences:

  • A strike on your criminal record under the Three Strikes Law, meaning a third conviction could result in up to twenty-five (25) to life behind bars
  • A permanent criminal record, which can affect your employment opportunities
  • Loss of your firearm rights, particularly if your offense is gun-related

The Importance of a Defense Attorney When Charged with Manslaughter or Murder

Having a credible and reliable defense attorney in your corner when you are under investigation or charged with a manslaughter or murder offense is crucial. A skilled defense attorney will play a crucial role in navigating the complexities of these offenses by:

  1. Seeking Eyewitness Testimonies

Eyewitness testimonies can go a long way in helping your attorney secure a dismissal of your charges or a lighter sentence. In addition to seeking testimonies from eyewitnesses of the incident, your attorney can work with specialists like psychologists and forensic experts to help provide testimony that can work in your favor to secure a desirable outcome.

  1. Investigating and Evaluating the Evidence in Your Case

In addition to investigating your case details, your defense attorney will evaluate the strength of the prosecutor’s evidence against you and identify any gaps or inconsistencies to help you secure a favorable outcome.

  1. Negotiating Favorable Plea Deals

When appropriate, negotiating a plea deal could work in your favor to avoid the trial for the underlying murder or manslaughter charge, which carries harsh penalties after conviction. Negotiating with the prosecutor to reduce your murder or manslaughter charge in exchange for your guilty plea could work in your favor, especially in cases where the prosecutor has overwhelming evidence against you.

It takes a seasoned attorney to know whether negotiating a favorable plea deal is wise because the plea option you choose will attract some penalties. Sometimes, challenging the underlying murder or manslaughter charges at trial could be the best move if the prosecutor’s case against you is weak or lacks crucial evidence.

Common Legal Defenses Your Attorney Could Use to Challenge a Murder or Manslaughter Charge

While every case is different, the following legal defenses could work to your advantage to secure a lighter sentence or dismissal of your murder or manslaughter charge:

  • You acted in self-defense — Arguing that you killed the person because you were protecting yourself or a loved one could help you secure a favorable outcome when charged with murder or manslaughter
  • The killing was accidental — Arguing that the killing was accidental and lacked criminal intent or premeditation is also a valid legal defense for a murder or manslaughter charge
  • You are a victim of mistaken identity — If the murder or manslaughter offense occurred in an unlit environment, your attorney can argue that you were mistakenly identified as the perpetrator because you have the same height as the actual perpetrator. With proper evidence to support this legal defense argument, the court could drop or reduce your charges.
  • You were insane at the time of the offense — Arguing that you were legally insane at the time of the offense, and you did not have the mental capacity to understand the nature of your acts, is also a valid defense for manslaughter or murder charges

These legal defenses focus on undermining the key elements that are necessary for the prosecutor to secure a murder or manslaughter charge against you.

Find a Criminal Defense Attorney Near Me

If you are under arrest or charged with a serious offense like murder or manslaughter, securing the services of a skilled defense attorney for legal representation is critical. We invite you to call our dedicated legal defense attorneys at Leah Legal at 818-484-1100 if you or a family member is under investigation or charged with murder or manslaughter in Van Nuys.

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