Five Types of Homicide in California

A homicide is defined as any instance in which one human being kills another. There are, however, five different types of homicide under California law, and the severity of punishment varies according to the gravity of the crime.

The five different types of homicide in California are:

1. First degree murder. Committed with planning and forethought, first degree murder carries a sentence of twenty-five years to life. More can be added to this sentence if the perpetrator used a firearm in the commission of the crime. In special circumstances-for example, if the murder is designated as a hate crime-the death penalty can be applied.

2. Second degree murder. Non-premeditated but still intentional, second degree murder can be punished with a prison term of fifteen years to life. There are also some situations in which second degree murder carries a sentence of life in prison without the possibility of parole, such as when an on-duty peace officer is the victim.

3. Voluntary manslaughter. The result of reasonable provocation or an unreasonable attempt at self-defense, such as stabbing someone after they initiate a fist-fight, voluntary manslaughter carries a term of three to eleven years in prison.

4. Involuntary manslaughter. An unintended death that happens as a result of gross negligence or in the commission of a misdemeanor-such as a killing that occurs in the course of a botched robbery-involuntary manslaughter carries a prison term of two to four years.

5. Vehicular manslaughter. A death that occurs as the result of an illegal act while driving-for example, killing a pedestrian in a crosswalk-vehicular manslaughter can be prosecuted as a misdemeanor or a felony, so the severity of punishment varies.

Because the punishment varies according to the type of California homicide committed, it is important for a defendant's lawyer to argue for the best possible designation. A Ventura criminal defense lawyer should have experience defending clients from each of these types of homicide.

An aggressive and experienced Ventura criminal defense lawyer can help minimize your criminal exposure, eliminate or reduce the charges against you, fight on your behalf for a fair and short sentence, and advise you on clearing your criminal record.

If you are being charged with any type of homicide, it is important that you contact an attorney immediately. Call the law firm of Bamieh & Erickson in Ventura, CA at 805-585-3638.