Cecily Zamora
California's homicide laws are complex, with a range of charges and penalties for murder and manslaughter. Murder is defined as the unlawful killing of a human being or a fetus with 'malice aforethought', and the state categorises murder into first and second-degree charges. First-degree murder includes killings that are willful, deliberate, and premeditated, or killings that occur during certain felonies, such as robbery or burglary. Second-degree murder encompasses all other kinds of murders that do not meet the criteria for first-degree murder. The death penalty is legal in California and can be applied for 'capital murder', or 'murder with special circumstances', which includes murder for financial gain, the murder of a public servant, and murder in a hate crime.
California also has a 'felony-murder rule', where a person can be held liable for murder if they attempt, commit, or are a major participant in a felony, and either directly kill someone, aid in first-degree murder with the intent to kill, or cause the death of an on-duty police officer.
Given the complexities of California's homicide laws, anyone charged with murder or manslaughter should seek legal advice as soon as possible.
| Characteristics | Values |
|---|---|
| Murder defined as | The unlawful killing of a human being, or a fetus, with malice aforethought |
| Malice defined as | The intention or desire to do evil |
| Express malice | When there is a premeditated intention to kill |
| Implied malice | When there is an intention to do bodily harm or endanger life without provocation |
| First-degree murder | Includes willful, deliberate, premeditated killings or those that occur during certain felonies |
| Second-degree murder | Includes intentional killings that are not premeditated or planned and do not occur during a felony |
| First-degree punishment | 5, 7, or 9 years in prison |
| Second-degree punishment | 15 years to life in prison |
| Additional factors | Use of a firearm can add 10, 20 years, or a life term |
| Capital murder | "Murder with special circumstances", including financial gain, public servant, hate crime, witness murder, and gang benefit |
| Capital punishment | Life in prison without parole or death penalty |
| Vehicular manslaughter | When a person kills another while driving |
| Involuntary manslaughter | When a death is caused by a lawful but dangerous act without caution or an unlawful non-felony act |
| Involuntary punishment | Probation, community service, or up to 4 years in prison |
| Felony murder | When a person kills while committing a felony, with intent to kill |
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What You'll Learn
First-degree murder
The law specifies certain methods of killing as first-degree murder as well, such as the use of explosives, armor-piercing ammunition, poison, or a weapon of mass destruction. Other methods include lying in wait, torture, or the infliction of cruelty. The murder of an on-duty peace officer, federal law enforcement officer, agent, or firefighter is also considered first-degree murder. If the victim was a witness to a crime and was killed to prevent them from testifying, or if they were a prosecutor, judge, elected official, or juror and the murder was in retaliation for their official duties, it is also considered first-degree murder.
Additionally, if the murder was motivated by the victim's race, religion, nationality, gender, or sexual orientation (a hate crime), or if the defendant was an active member of a criminal street gang and the murder was to further the activities of the gang, it is considered first-degree murder.
Penalties for a first-degree murder conviction are severe and may include life imprisonment without the possibility of parole, or in some cases, the death penalty. The standard bail for first-degree murder with special circumstances, where the district attorney is seeking the death penalty, is "NO BAIL".
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Second-degree murder
To successfully convict a defendant of second-degree murder in California, the prosecutor must prove the following:
- The defendant committed an act that caused the death of another person (or a fetus).
- The defendant committed that act with "malice aforethought," which can be either express or implied. Express malice refers to a deliberate intention to kill, while implied malice refers to circumstances that show an "abandoned and malignant heart."
- The accused killed without any lawful excuse or justification, such as self-defense.
Examples of acts that constitute second-degree murder in California include:
- Shooting a gun into a crowded room and killing someone, even if the shooter did not intend to kill.
- A person with multiple DUIs on their record driving drunk and causing an accident that kills someone else.
- Viciously sucker-punching a smaller and inebriated person, resulting in a fatal head injury.
- A heated fight where one individual pulls out a gun and shoots the other in the heat of passion, intending to injure but not kill.
The penalty for second-degree murder in California is typically 15 years to life in state prison. However, additional factors can modify the sentence, such as the use of a firearm, resulting in an additional 10, 20 years, or even a life term. Other factors that can impact the sentence include the defendant's prior criminal record, the victim being a law enforcement officer, or the murder being committed during a drive-by shooting.
It is important to note that second-degree murder charges can sometimes be reduced to manslaughter, which often carries less severe penalties. Manslaughter is defined as the intentional, inexcusable, or unjustifiable taking of another person's life without malice, deliberation, or premeditation. For example, if the victim provoked the defendant, it may be considered manslaughter rather than second-degree murder.
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Vehicular manslaughter
California law defines murder as "the unlawful killing of a human being or a fetus with malice aforethought". First-degree murder includes killings that are willful, deliberate, and premeditated, or that occur during the commission of certain felonies, such as robbery or burglary. Second-degree murder encompasses all other kinds of murders that do not meet the criteria for first-degree murder.
In California, vehicular manslaughter is a "wobbler", meaning it can be prosecuted as either a felony or a misdemeanour. It is defined as driving a vehicle in a negligent or unlawful manner and thereby causing the death of another human being. Vehicular manslaughter is treated as an exceptionally serious offence in California, and a conviction can carry a potential sentence of up to 6 years in state prison for a first offence.
If charged with vehicular manslaughter, criminal attorneys can use different strategies to obtain the best possible outcome for their client. For example, they might argue that the defendant was not acting with ordinary or gross negligence while driving their vehicle. They might also challenge the prosecutor's evidence and show that negligence was not the actual cause of the victim's death. In some cases, an accident reconstruction expert witness may be called upon.
The crime of vehicular manslaughter is related to other offences, such as simple assault, battery, and domestic battery. Acts constituting these offences can result in deaths punishable under the same section of the California Penal Code as vehicular manslaughter.
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Involuntary manslaughter
To be convicted of involuntary manslaughter, the prosecutor must prove the following elements:
- The defendant committed a California infraction, a California misdemeanour, or a California crime that is not an inherently dangerous felony.
- The defendant committed a lawful act in an unlawful manner.
- The defendant committed the crime or act with "criminal negligence".
It is important to note that California's involuntary manslaughter law does not include actions that involve the use of a vehicle, which are covered under California's vehicular manslaughter laws.
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Felony murder
California's felony murder rule is defined by sections 187 through 191 of the California Penal Code. Felony murder is a theory of murder, not a charge, and is punished as first-degree murder if committed during any of the following felonies:
- Arson
- Rape
- Carjacking
- Robbery
- Burglary
- Mayhem
- Kidnapping
- Train-wrecking
- Torture
- Unlawful sodomy
- Lewd acts with a minor
- Forcible penetration with a foreign object
First-degree felony murder can result in life in prison without the possibility of parole.
Second-degree felony murder can lead to 15 years to life in California state prison. Felonies that are inherently dangerous but not included in the above list are punished under PC 187, second-degree murder.
In 2018, California's felony murder law was amended by Senate Bill 1437, which set forth new laws regarding the crime of felony murder. The main difference between the new and old felony murder laws relates to the issue of intent. Under the old law, a person could be convicted of felony murder if a victim died during the commission of a felony, even if the killing was an accident. Under the new law, a person is guilty of felony murder even if they do not actually murder someone, but they can only be charged with felony murder if they "aided or abetted" in the murder.
SB 1437 also did away with the "natural and probable consequence" clause in Sections 188 and 189, which allowed a felony murder to be charged if the killing was a "natural and probable consequence" of the crime being committed.
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Frequently asked questions
Murder is defined as the unlawful killing of a human being or a fetus with "malice aforethought". Malice may be express, where there is a deliberate intention to unlawfully kill, or implied, where the circumstances of the killing show an abandoned and malignant heart.
First-degree murder includes killings that are willful, deliberate, and premeditated, or that occur during the commission of certain felonies, such as robbery or burglary. Second-degree murder encompasses all other kinds of murders that do not meet the criteria for first-degree murder. This type usually involves intentional killings that are not premeditated or planned and do not occur during the commission of a felony.
The penalties for murder in California vary depending on the degree of murder and the circumstances of the crime. For first-degree murder, the penalty can be 25 years in prison. Second-degree murder carries a sentence of 15 years to life in prison, with the potential for sentence modifications based on aggravating factors such as the use of a firearm or the killing of a law enforcement officer. Capital murder, also known as "murder with special circumstances", can result in life imprisonment without parole or the death penalty.
Some common defense strategies in murder cases include self-defense, accident, insanity, mistaken identity, and alibi. These defenses aim to undermine key elements required for a conviction, such as intent, premeditation, and causation.
Manslaughter is a separate criminal charge from murder and is typically applied when there is no "malice aforethought" or intent to kill. Involuntary manslaughter occurs when a death is caused by someone performing a lawful but dangerous act without due caution or by committing a non-felony unlawful act. Voluntary manslaughter occurs without premeditation or malice, typically arising from sudden provocation.
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