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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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