The Centers for Disease Control and Prevention (CDC) reports that there were 2,302 homicides in California in 2022 alone. Homicide is a serious criminal charge. A conviction on a homicide offense in California is life-altering. It could even carry life in state prison. At Stadlin Law Firm PC, we handle even the most serious of criminal charges. Here, our San Jose murder defense lawyer provides an overview of the ins and outs of homicide charges in California, including the degrees, the penalties, and potential defenses.
The Degrees of Homicide in California
The degree of a crime is the classification. Among other things, it determines the severity of the offense. In California, homicide—the unlawful killing of a human being—can be categorized into several distinct categories based on the intent (or lack thereof) and the surrounding circumstances. Here is an overview of the four main categories of homicide charges in California:
- Involuntary Manslaughter: Involuntary manslaughter is a form of manslaughter that occurs when a death is unintentional. It usually results from criminal negligence, or it occurs during the commission of a non-felony crime. It involves situations where there is no intent to kill or cause serious harm but where the individual’s careless actions lead to someone’s death. Involuntary manslaughter often includes some accidental deaths where the defendant bears some culpability, such as if he or she was recklessly driving.
- Voluntary Manslaughter: Voluntary manslaughter includes killings that, although intentional, occur in the “heat of passion” or under circumstances that would partially excuse the perpetrator’s actions. The charge differs from murder due to the absence of malice aforethought. For example, if an individual kills someone immediately after a provocation that would cause a reasonable person to act rashly, the charge might be handled as voluntary manslaughter.
- Second-Degree Murder: In California, second-degree murder is a type of murder that is characterized by intentional killing that was not premeditated or planned, nor committed in a particularly heinous way. Second-degree murder typically arises when a killing results from a dangerous act or a profound disregard for human life but lacks the premeditation or other special circumstances required for first-degree murder.
- First-Degree Murder: The most serious type of homicide charge in California, first-degree murder is willful, deliberate, and premeditated. Beyond that, in California, murders committed during the execution of specific felonies (like robbery or rape) fall under the “felony murder” rule and, as such, can result in a first-degree murder charge without premeditation.
The Penalties for Homicide in California
Homicide charges are incredibly serious. All types of homicides in California have the potential to carry significant jail time. Still, the penalties will vary based on the severity of the charge. Here is an overview of the penalties for different categories of homicide in California:
- Involuntary Manslaughter: Typically, those convicted of involuntary manslaughter face felony charges, with penalties including imprisonment in the California state prison for two, three, or four years. There may also be financial penalties.
- Voluntary Manslaughter: Voluntary manslaughter is also a felony in California, with considerably harsher penalties than involuntary manslaughter. Convictions can result in imprisonment for three, six, or eleven years in state prison. Large fines are common.
- Second-Degree Murder: Second-degree murder convictions carry severe penalties, including 15 years to life in a California state prison. If the defendant used a firearm or caused the death of a police officer, the penalties could be even more harsh.
- First-Degree Murder: The penalties for first-degree murder are the most severe. The standard sentence is 25 years to life in state prison, but certain circumstances, such as the use of a deadly weapon or previous murder convictions, can result in life in prison.
Every case is different. The exact penalties that a person will face if he or she is convicted of homicide in California will depend on many different factors, including their prior history.
Potential Defenses Against a Homicide Charge in California
Every person who has been accused of a crime is presumed innocent until proven guilty. You have the right to raise a zealous defense against any charge, including a homicide charge. Some potential defenses against a manslaughter or murder charge in California include:
- Mistaken Identity: Mistaken identity is a defense that asserts the wrong person has been accused of the crime. It can occur due to errors in eyewitness testimony, misinterpretation of surveillance footage, or flawed forensic evidence. Your San Jose defense attorney can use alibis, credible witnesses, or technological evidence to raise this defense.
- Self-Defense: California law allows individuals to protect themselves if they reasonably believe they are in imminent danger of being killed, injured, or unlawfully touched, and they use only as much force as is necessary to defend against that danger. If a homicide occurs under these circumstances, it can be justified as self-defense.
- Accidental Death: In a homicide case, an accidental death defense applies when a person dies as a result of an accident where there was no intent to harm, and reasonable care was taken by the accused. The defense must demonstrate that the death occurred during a lawful activity and that it was not due to recklessness or gross negligence.
Of course, an aggressive defense strategy is not the best option for every situation. If the prosecution has sufficient evidence to obtain a guilty verdict, it may be sensible to negotiate a plea agreement through a San Jose homicide defense attorney.
Contact Our San Jose Homicide Defense Attorney Today
At Stadlin Law Firm PC, our San Jose felony defense attorney has the skills and experience to take on even the most serious of allegations, including homicide charges. If you or your loved one is facing a murder charge, we can help. Give us a phone call at (510) 859-3462, or use our online contact form for a confidential consultation. From our San Jose law office, we defend homicide charges in Alameda County and all across the surrounding region in Northern California.
