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HOMICIDE/MURDER/MANSLAUGHTER
Homicide covers a range of charges from manslaughter to first-degree murder. If convicted of any charge of homicide you will be facing substantial time in prison, to possibly life. Do not face a homicide charge alone, at The Pitman Law Firm we can help you.
What Is Homicide
Homicide is the unlawful taking of another's life. When facing a homicide charge the classifications are broken down into one of a number of potential options based on the facts of the case:
(Note: you can click on the options below to skip to information about that charge)
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Second-Degree Murder - Second-degree murder is broken into four classifications:
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Felony Murder
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Depraved Heart Murder
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Intent To Cause Serious Bodily Injury
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Manslaughter - Man Slaughter is broken into three classifications
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Voluntary Manslaughter
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Involuntary Manslaughter
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Vehicular Manslaughter
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What Is Murder?
All murder is defined un Penal Code Section 187 as:
Murder is the unlawful killing of a human being, or a fetus, with malice aforethought. - PC187
Malice aforethought is defined as the intent to kill another human being. There are two types of malice aforethought, expressed and implied.
Expressed Malice Aforethought
Expressed malice aforethought is a direct statement or action that communicates the specific intent to kill a person. This can be anything from a direct statement that someone intends to kill someone, to an action such as pointing a gun and pulling the trigger.
Implied Malice Aforethought
Implied malice aforethought is an action that demonstrates a conscious disregard for human life. This is usually established by some sort of action such as continuing to hit someone once they are unconscious.
What Is First Degree Murder?
First-degree murder, also referred to as premeditated murder, is defined in Penal Code Section 189 as:
All murder that 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 that 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, 287, 288, or 289, or former Section 288a, or murder that 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.
(b) All other kinds of murders are of the second degree.
- PC189
Most murders are originally looked at as second-degree murders at first, then it is determined if the facts of the case justify it as being raised to first-degree murder. The major consideration is whether the murder was premeditated and deliberated.
Premeditated refers to whether the killing was planned in advance. It should be noted that the premeditation could only have been momentary.
Deliberation refers to whether the killer had time to consider the consequences of their actions. Under case law, the time frame for premeditation and deliberations can be only seconds.
Looking at PC 187, there is a list of actions that are already considered premeditated such as:
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by using a weapon of mass destruction;
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by lying in wait;
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by inflicting torture;
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by a willful, deliberate, and premeditated killing; or
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by committing a felony murder.
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This is the intentional killing of another during the commission of a felony and is different from second-degree felony murder which is discussed below
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Penalties
The maximum penalty for first-degree murder is life in prison. However, depending on the facts of the case, the death penalty can be asked for in the state of California
Defenses
Self Defense
This is the best defense when it comes to a charge of murder. If it can be shown that you were defending yourself or another then there is no murder. However, the state defines defense as an action that must be proportional to the force being exerted. Basically, that means you cannot kill someone in self-defense unless your death or someone else's was imminent, and the use of deadly force was absolutely necessary.
Lack Of Premeditation
If it can be shown that you lacked the proper premeditation for first-degree murder then the charge can be reduced to second-degree murder or even manslaughter.
Mistaken Identity
Sometimes, due to the stressful nature of seeing a murder, a witness may get things wrong, or video evidence may be very low resolution. In which case you may be mistakenly identified as the killer. Evidence may be entered that shows you are not the killer.
What Is Second Degree Murder?
As defined in Penal Code Section 189(b):
Any murder that does not raise to first-degree murder is second-degree murder. - PC189
The major difference between first degree and second degree murder is, although malice aforethought is still present, there was no premeditation.
Second degree murder is generally broken into the following definitions.
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Felony Murder
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Depraved Heart Murder
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Intent To Cause Serious Bodily Injury
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Intent To Kill Without Premeditation, also known as "heat of passion killing."
Felony Murder
Felony murder occurs when there is a killing of a human being during the commission of a felony. For example, during an armed robbery, a gun goes off and kills a customer. Although the robber did not intend to kill anyone, because the killing happened during the commission of a felony, this is felony Murder
Depraved Heart Murder
Depraved heart murder happens when there is such an utter disregard for human life. In layman's terms, the actions of the killer as such to show that they had such an utter disregard for the very likelihood that their actions would lead to someone's death. For example, there was a couple that wanted to breed and sell some very large aggressive dogs to sell as guard dogs. The couple raised and kept the dog in their apartment and the dogs were known to get out from time to time and terrorise the other tenants. One day the dogs got out and killed an elderly lady. The couple was convicted of depraved heart murder.
Intent To Cause Serious Bodily Harm
For intent to cause serious bodily harm, the intent to kill need not be present. For example, a person intentionally hitting someone in the head with a metal pipe or continuing to beat someone after they are unconscious.
Penalties
The maximum penalty for second-degree murder is life in prison. However, most are eligible for parole after a time.
Defenses
Self Defense
This is the best defense when it comes to a charge of murder. If it can be shown that you were defending yourself or another then there is no murder. However, the state defines defense as an action that must be proportional to the force being exerted. Basically, that means you cannot kill someone in self-defense unless your death or someone else's was imminent, and the use of deadly force was absolutely necessary.
Heat Of Passion Killing
If it can be shown that, due to the events leading up to the killing, you were not in your right mind then the charge can be reduced to manslaughter.
Accident
If it can be shown that you had no intention to cause serious bodily harm and that you did not have an utter disregard for human life, then the resulting death may have been an accident.
Mistaken Identity
Sometimes, due to the stressful nature of seeing a murder, a witness may get things wrong, or video evidence may be very low resolution. In which case you may be mistakenly identified as the killer. Evidence may be entered that shows you are not the killer.
What Is a Watson Murder
A Watson murder is a death that results from driving under the influence of a DUI. This usually applies when someone already has a DUI conviction in their history. When someone is convicted of a DUI or accepts a plea deal the court always reads the Watson Advisment. The Watson Advisement states that:
You understand that being under the influence of alcohol or drugs, or both, impairs your ability to safely operate a motor vehicle. You understand that it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. You understand that if you continue to drive while under the influence of alcohol or drugs, or both, and as a result of my driving, someone is killed, you can be charged with murder.
Due to the convicted now being advised of the potential consequences of driving under the influence, if they drive and someone is killed it is seen as a form of depraved heard murder. They knew that being under the influence impaired their ability to drive, they knew that someone could die as a result, and yet they still chose to drive while under the influence. As such, in this situation, the charge would be a murder and not a manslaughter.
As a special note, some prosecutors in California are charging first time DUI resulting in death as a Watson Murder. Despite the fact the accused has never heard the Watson Advisement, the prosecution is now stating that everyone knows that driving under the influence is dangerous to human life and therefore someone can be charged with a Watson Murder even if it was their first time driving under the influence.
manslaughter.
Penalties
Due to this being classified as a second degree murder, the maximum penalty is life in prison.
Defense
Lack Of Knowledge
If it is a first time DUI, then there is an argument that you were never put on notice because you have never received the Watson Advisal.
Negligence
Due to the facts of the case, it could be argued that this was just negligence and therefore should be reduced to negligent
What Is Manslaughter?
Manslaughter occurs when there is a killing, but there is a lack of malice aforethought. Malice aforethought is explained in the murder section. For the charge to be manslaughter, there must be no intent to kill, but a death still occurred. Manslaughter is broken into three options, Voluntary Manslaughter, Involuntary Manslaughter, and Vehicular Manslaughter.
Voluntary Manslaughter (aka Heat Of Passion Killing)
Voluntary manslaughter is defined in Penal Code Section 192(a) as:
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.
This kind of manslaughter occurs when, due to the facts of the case leading up to the killing, would inflame the passions of the killer and as such were not in a normal state of mind. The most common use of this kind of homicide is when someone comes home and finds their significant other in bed with another person, which then leads to a death.
California also includes a mistaken need of self-defense with voluntary manslaughter. This happens when someone has the mistaken belief that they needed to kill to protect themselves, but were wrong. For example, someone kills a pickpocket in self-defense. The pickpocket was never putting the accused's life in danger and therefore the self-defense was disproportionate.
Penalties
The maximum penalty for voluntary manslaughter is eleven years in prison.
Involuntary Manslaughter
Involuntary Manslaughter is defined in Penal Code Section 192(b) as:
Manslaughter is the unlawful killing of a human being without malice. It is of three kinds:
(b) Involuntary—in the commission of an unlawful act, not amounting to a 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. - PC192(b)
This kind of manslaughter happens mainly in one of two situations. The first is the commission of a crime, that is not a felony. For example, if someone was committing a theft and while trying to escape, knocked down an elderly person who then died from their injuries, that would be involuntary manslaughter.
The second situation is usually due to negligence. The actions of the person are such that, even if what they were doing was legal, ignored their duty of care to those around them and led to a death. For example, imagine a worker throwing bricks off of a building he is demolishing on top of a pile below without looking. Someone walking on the sidewalk near the pile is hit by a brick and killed. What the worker was doing was not illegal, but he did not check to make sure no one was below when tossing a heavy object, and therefore ignored his duty of care.
Penalties
The maximum penalty for Involuntary Manslaughter is four years in prison
Vehicular Manslaughter
Vehicular Manslaughter is defined in Penal Code Section 192(c) as:
Manslaughter is the unlawful killing of a human being without malice. It is of three kinds:
(c) Vehicular—
(1) Except as provided in subdivision (a) of Section 191.5, driving a vehicle in the commission of an unlawful act, not amounting to a 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) Driving a vehicle in the commission of an unlawful act, not amounting to a 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 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 paragraph does not prevent prosecution of a defendant for the crime of murder. - PC192(c)
Vehicular Manslaughter occurs when a vehicle is driven in a negligent manner resulting in death. This can happen even if the car is being driven legally. However, the most common is that death occurs when the vehicle is being driven in an illegal way, but not such as to constitute a felony. For example, speeding, talking/texting on a phone while driving, or any other traffic infraction or misdemeanor.
Penalties
Vehicular Manslaughter is what is referred to as a "Wobbler." Meaning that it can be charged as either a misdemeanor or a felony depending on the facts of the case.
If you drove with what is referred to as "Gross Negligence" the charge can be either a misdemeanor or felony. If charged as a misdemeanor the maximum penalty is one year in jail, if charged as a felony the maximum penalty is six years in prison.
If you drove with regular negligence, then the charge will be a misdemeanor with a maximum penalty of one year in jail.
Defenses
Self Defense
This is the best defense when it comes to a charge of murder. If it can be shown that you were defending yourself or another then there is no murder. However, the state defines defense as an action that must be proportional to the force being exerted. Basically, that means you cannot kill someone in self-defense unless your death or someone else's was imminent, and the use of deadly force was absolutely necessary.
Accident
If it can be shown that you had no intention to cause serious bodily harm and that you did not have an utter disregard for human life, then the resulting death may have been an accident.
Mistaken Identity
Sometimes, due to the stressful nature of seeing a murder, a witness may get things wrong, or video evidence may be very low resolution. In which case you may be mistakenly identified as the killer. Evidence may be entered that shows you are not the killer.
Getting A Defense Attorney
Any homicide charge is a serious charge. They are strike charges and you face serious prison time. Prosecutors dream of prosecuting homicide crimes and train for it regularly. Do not face these prosecutors alone. At The Pitman Law Firm, Mr. Pitman spent years working in the District Attorney's Office learning how they think and work these cases. Now that he is a criminal defense attorney he uses the knowledge to help protect people from overcharges, weak evidence ,and overzealous prosecutors. If you are facing a homicide charge in the Los Angeles or Ventura counties call The Pitman Law Firm, your Encino Homicide Defense attorney now for a free consultation.