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Homicide
Homicide / Murder - Orange County, California Criminal Defense Lawyers

Homicide is the killing of one human being by another either lawfully or unlawfully. Homicide includes murder and manslaughter, which are unlawful, and the acts of excusable and justifiable homicides, which are lawful. The potential consequences for the felony conviction of a homicide may include the death penalty, life in prison (with or without parole), or imprisonment for a significant period of time.

    First Degree Murder - is any murder that is committed with premeditation and deliberation, all others are second degree murders. (Penal code 189)

    Felony Murder Rule - In California, any killing that occurs in the commission of an inherently dangerous felony is treated as first degree murder. (Penal Code 189)

    Voluntary Manslaughter - Is an intentional killing that occurred due to adequate provocation or a person's unreasonable attempt at self-defense. (Penal Code 192)

    Involuntary Manslaughter - Is an unintentional killing that occurred during the commission of a misdemeanor or due to gross negligence. (Penal Code 192)

    Vehicular Manslaughter - Is an unintentional killing that occurred during the commission of an unlawful act while driving a motor vehicle.

You may be facing charges that range from Homicide, 1st degree murder, 2nd degree murder, Voluntary Manslaughter, Involuntary Manslaughter, to Vehicular Manslaughter. Whatever the individual circumstances are surrounding your case, the bottom line is that you are facing serious charges that may have dire consequences. See Potential Penalties according to the California Penal Code.

If you have been arrested for any of the above charges it is imperative that you contact and experienced California defense attorney at the earliest time. Please consider putting our experience and resources to work for you! Contact us today to begin your defense: Online or 1-800-221-7084

If you have been arrested for murder, manslaughter, or other homicide charges, you need a legal team that can challenge the evidence against you and uncover possible mistakes made by police and prosecutors. Defenses for murder may potentially include:

  • Defense of others (loved ones)
  • Insufficient evidence
  • Factual innocence
  • Self defense
  • Insanity/Battered woman
  • Other

If you have been charged with murder, you need an experienced, knowledgeable, reliable defense - and you need it now! Contact our California attorneys today to begin a vigorous defense! Contact Us Online or Call Today! 1-800-221-7084

Related Criminal Law Topics
- Manslaughter
- Felonies
- Weapons Charges
- Three Strikes Law


189. All murder which 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 which is committed in the perpetration of, or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or any act punishable under Section 206, 286, 288, 288a, or 289, or any murder which is perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict death, is murder of the first degree. All other kinds of murders are of the second degree.

192. Manslaughter is the unlawful killing of a human being without malice. It is of three kinds: (a) Voluntary--upon a sudden quarrel or heat of passion. (b) Involuntary--in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. This subdivision shall not apply to acts committed in the driving of a vehicle. (c) Vehicular-- (1) Except as provided in Section 191.5, driving a vehicle in the commission of an unlawful act, not amounting to felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence. (2) Except as provided in paragraph (3), driving a vehicle in the commission of an unlawful act, not amounting to felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence. (3) Driving a vehicle in violation of Section 23140, 23152, or 23153 of the Vehicle Code and in the commission of an unlawful act, not amounting to felony, but without gross negligence; or driving a vehicle in violation of Section 23140, 23152, or 23153 of the Vehicle Code and in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence. (4) Driving a vehicle in connection with a violation of paragraph (3) of subdivision (a) of Section 550, where the vehicular collision or vehicular accident was knowingly caused for financial gain and proximately resulted in the death of any person. This provision shall not be construed to prevent prosecution of a defendant for the crime of murder. This section shall not be construed as making any homicide in the driving of a vehicle punishable which is not a proximate result of the commission of an unlawful act, not amounting to felony, or of the commission of a lawful act which might produce death, in an unlawful manner. "Gross negligence," as used in this section, shall not be construed as prohibiting or precluding a charge of murder under Section 188 upon facts exhibiting wantonness and a conscious disregard for life to support a finding of implied malice, or upon facts showing malice, consistent with the holding of the California Supreme Court in People v. Watson, 30 Cal. 3d 290.

Potential Penalties as set out by the California Penal Code

190. (a) Every person guilty of murder in the first degree shall be punished by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. The penalty to be applied shall be determined as provided in Sections 190.1, 190.2, 190.3, 190.4, and 190.5.

Except as provided in subdivision (b), (c), or (d), every person guilty of murder in the second degree shall be punished by imprisonment in the state prison for a term of 15 years to life.

193. (a) Voluntary manslaughter is punishable by imprisonment in the state prison for three, six, or eleven years.

(b) Involuntary manslaughter is punishable by imprisonment in the state prison for two, three, or four years.

 
 
 

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