Homicide Charges in California: An Overview

Homicide — the killing of one human being by another — is not a single charge in California but a spectrum of offenses, separated by the defendant’s mental state and the circumstances of the death. The differences between them are measured in decades of prison time, which is why the central battle in most homicide cases is not whether a death occurred, but which offense, if any, the evidence actually proves.

The Spectrum of Homicide Charges

First-degree murder (PC § 187, 189) is a killing that is willful, deliberate, and premeditated — or committed by specified means, or during certain serious felonies. It carries 25 years to life, and life without parole or the death penalty where special circumstances are alleged.

Second-degree murder is an intentional killing without premeditation, or a killing done with “implied malice” — a conscious disregard for human life. It carries 15 years to life. This is the theory behind “Watson murder” charges in DUI fatality cases, discussed on my vehicular manslaughter page.

Felony murder — liability for a death during certain felonies — was significantly narrowed in 2019. A person can no longer be convicted of murder merely for participating in the underlying felony: the law now generally requires that the person was the actual killer, intended to kill, or was a major participant acting with reckless indifference to human life. People convicted under the old rules may be eligible for resentencing under PC § 1172.6.

Voluntary manslaughter (PC § 192(a)) is a killing in the heat of passion upon adequate provocation, or in honest but unreasonable self-defense — punishable by 3, 6, or 11 years.

Involuntary manslaughter (PC § 192(b)) is an unintentional killing through criminal negligence or during a non-felony unlawful act — 2, 3, or 4 years.

Vehicular manslaughter is its own category, covered in detail on my vehicular manslaughter page — and unlike the charges above, it is an area I regularly handle.

Justifiable homicide — a killing in lawful self-defense or defense of others — is not a crime at all, and self-defense remains the most important complete defense in homicide cases.

A Candid Note About My Practice

I believe in being straightforward with the people who call me, so here it is: as a general rule, I do not personally take on murder cases. Defending a homicide charge properly is an enormous, all-consuming undertaking — investigators, forensic experts, months of preparation, and often a lengthy trial — and as a solo practitioner who is in the Ventura County courthouse every day handling a full caseload, I have made the deliberate choice to focus my practice where I can give every client my complete attention.

What I will gladly do is this: if you or a family member is facing a homicide charge in Ventura County, call me. I have spent 30 years in this courthouse, I know the criminal defense bar here well, and I can point you toward attorneys with the experience and resources these cases demand. And if your case involves a vehicular fatality — vehicular manslaughter or a DUI-related death — that is squarely within my practice, and I encourage you to call me directly at 805-889-9000.

There is no charge for the conversation, and no question is too early to ask.