Homicide Attorney

A homicide is the killing of another person, whether lawful or unlawful.  Murder, manslaughter, and justified killings are all included under the category of homicide.

Definition of Murder:  California Penal Code Section 187 defines murder as “the unlawful killing of a human being or a fetus with malice aforethought.”  In order to convict you of murder, regardless of whether it is first or second-degree, a prosecutor must prove that you:

  • committed an act that resulted in the death of another person/fetus
  • committed the act with malice aforethought
  • killed without lawful excuse or justification

First-Degree Murder:  There are 3 different ways you can be convicted of first-degree murder. They are:

  • committing the murder by using an explosive or destructive device, weapon of mass destruction, ammunition designed to penetrate metal or armor, or by lying in wait or by inflicting torture pursuant to California Penal Code Section 206
  • killing in a way that is willful, deliberated, and premeditated
  • by the felony-murder rule, which is through committing a specified enumerated felony that automatically turns any related death into first-degree murder

If you are convicted of first-degree murder, you face 25 years to life in California state prison.  Note that if you committed first-degree murder based on a hate crime, you face life in prison without parole.  You will also receive a strike on your criminal record pursuant to California’s three strike law.

Capital Murder:  Capital murder is first-degree murder with special circumstances.  California Penal Code Section 190.2 lists these special circumstances.  There are over 20 of these special circumstances.  Some examples are:

  • murdering another person for financial gain
  • murdering more than one person
  • murdering a witness to prevent them from testifying

If you are convicted of capital murder, you face the death penalty or life in California state prison without parole.

Second-Degree Murder:  California Penal Code Section 187 describes second-degree murder as being willful, but not deliberate or premeditated.  Second-degree murder is any murder that does not amount to first-degree murder.

If you are convicted of second-degree murder, you face 15 years to life in California state prison.  Your sentence can be increased depending on the circumstances of the murder and your criminal history.  You will also receive a strike on your criminal record pursuant to California’s three strikes law.

DUI Murder:  In California, if you drive while intoxicated and cause an accident that kills another person you can be prosecuted for second-degree murder.  In order to convict you a prosecutor must prove:

  • the person’s death resulted from an intentional act
  • the natural consequences of the intentional act are dangerous to human life
  • you knowingly acted with conscious disregard for that fact

If you are convicted of DUI murder you face 15 years to life in California state prison, along with a fine of up to $10,000.  You also face additional years added to your sentence if there are surviving victims who suffered any injury as a result of your act.  You will also receive a strike on your record pursuant to California’s three strikes law.

Voluntary Manslaughter:  California Penal Code Section 192(a) describes voluntary manslaughter as a killing that you commit:

  • during a sudden quarrel or
  • in the heat of passion

If you committed the killing under either of these two circumstances, it is assumed that you have acted without malice, which is the difference between manslaughter and murder.

If you are convicted of voluntary manslaughter, you face up to 11 years in California state prison, a $10,000 fine, and court ordered community service and counseling.  You may also receive a strike on your criminal record pursuant to California’s three strikes law.

Involuntary Manslaughter:  California Penal Code Section 192(b) describes involuntary manslaughter as including an unintentional death that occurs:

  • during the commission of an unlawful act that does not amount to a felony or
  • during the commission of a lawful act that involves a high risk of death or great bodily harm that is committed without due caution or circumspection

If you are convicted of involuntary manslaughter, your punishment may range from 1 year in county jail with probation, to up to 4 years in California state prison.  Up to $10,000 in fines may also be instituted.

Vehicular Manslaughter (No Drugs Or Alcohol Involved):  California Penal Code Section 192(c) punishes you if you kill another person by:

  • driving in an unlawful way, or
  • driving in a lawful but dangerous way, or
  • knowingly causing the accident for financial gain

This crime can be charged as a misdemeanor or a felony depending on the circumstances of your case and your prior criminal history.  If you are charged with a misdemeanor and convicted, you face up to 1 year in county jail.  If you are charged with a felony and convicted, you face between 2 and 10 years in California state prison.  You may also receive a strike on your criminal record pursuant to California’s three strikes law.

Vehicular Manslaughter While Intoxicated:  California Penal Code Section 191.5(b) punishes you for committing vehicular manslaughter while under the influence of drugs or alcohol.  In order to convict you, a prosecutor must prove:

  • you were driving under the influence of drugs or alcohol
  • you negligently committed an unlawful act, or a lawful but dangerous act, in addition to driving under the influence
  • your negligence caused the death of another person

This crime can be charged as a misdemeanor or a felony.  If you are charged with a misdemeanor and convicted, you face up to 1 year in county jail and a $1,000 fine.  If you are charged with a felony and convicted, you face up to 4 years in California state prison.  You may also have additional years added to your sentence if there are surviving victims who suffered great bodily injury as a result of your negligent act.  In addition, you may receive a strike on your criminal record pursuant to California’s three strikes law.

Gross Vehicular Manslaughter While Intoxicated:  California Penal Code Section 191.5(a) is prosecuted the same way as Penal Code Section 191.5(b) (Vehicular Manslaughter While Intoxicated) with the notable exception being that the prosecutor must prove that you:

  • acted with gross negligence (essentially that you were uncaring about the consequences of your actions while driving)

This crime is a felony.  If you have a prior 191.5 conviction or two or more DUI convictions, you face 15 years to life in California state prison.  If not, you face between 4 to 10 years in prison.  You may also have additional years added to your sentence if there are surviving victims who suffered great bodily injury as a result of your gross negligence.  In addition, you may receive a strike on your criminal record pursuant to California’s threes strikes law.

Let Us Help You

If you are facing homicide charges, it is essential that you have adequate representation.  An experienced, diligent, and aggressive criminal law attorney can help you achieve a favorable result in your case.

At The Law Offices of Grant Bettencourt, we will use our expertise to exhaust every possible defense in our effort to obtain a favorable result in your case.  Call The Law Offices of Grant Bettencourt for a consultation today.