The unlawful killing of another human being- homicide- may either be charged as murder or manslaughter. Murder requires “malice aforethought,” which means the defendant had expressed or implied malice and that there was a deliberate intent to commit murder. Under California law, there are three ways in which a person may be convicted of first-degree murder: by committing murder, killing in a way that is willful, deliberate, and premeditated, OR by way of the felony-murder rule. The felony-murder rule is defined as committing a specifically enumerated felony that automatically turns any logically related death into first-degree murder.

Overview of California First Degree Murder Laws

The unlawful killing of a human being — homicide — may be charged as murder or manslaughter. Murder requires a showing of “malice aforethought,” which refers to the defendant’s intent or state of mind. To prove a murder, the prosecutor must show that the defendant had express or implied malice. Express malice means that the defendant deliberately intended to commit murder. Alternatively, a prosecutor may show implied malice in the defendant’s conduct that reflects an “abandoned and malignant heart.” Implied malice may arise if the defendant acted without care for another person’s safety or behaved with extreme recklessness.

California recognizes two types of murder: first degree murder and second degree murder. First degree murder is reserved for especially heinous crimes involving premeditation, deliberation or deliberate planning, and intent to kill. State laws list the special circumstances that a prosecutor must use to charge a defendant with first degree murder. If none of the special circumstances apply, the prosecutor may pursue a charge of second degree murder.

Under California’s first degree murder law, the prosecutor must show a premeditated, deliberate killing involving one of the special circumstances listed by the state laws of California. The means of killing that qualify a homicide as first degree murder include weapons of mass destruction, bombs or explosive devices, armor-piercing ammunition, poison, and firearms shot from a motor vehicle. State law also requires a charge of first degree murder when the killing occurred after the defendant’s lying in wait or torture of the victim. First degree murder also includes killings committed while carrying out or attempting another felony such as burglary, robbery, rape, kidnapping, and other specified crimes.

If the victim for survives three years and one year after the date when the cause of death allegedly occurred, California state laws include a presumption that the killing was not a criminal act of murder or manslaughter. The prosecutor must rebut the presumption in order to pursue a first degree murder charge.

Defenses to First Degree Murder Charges

Lack of premeditation or planning in advance of the murder
Insanity or lack of mental capacity
Self-defense
Defense of another person

See First Degree Murder Defenses for more details.

Penalties and Sentences

In California, a conviction for first degree murder can result in one of three sentences:

Imprisonment in state prison for a term of 25 years to life;
Life imprisonment in state prison without the possibility of parole; or
Death.

State laws require a sentence of life imprisonment without parole or death for homicides involving special circumstances set by the California Penal Code. For example, the court must consider whether the defendant committed first degree murder while engaging in a felony or avoiding a lawful arrest, using a bomb or explosive device, or intending to kill another person for financial gain. The court must also confer a sentence of life imprisonment without parole or death if the defendant committed first degree murder of a peace officer, federal law enforcement officer, firefighter, prosecutor, or judge. State laws also allow for the most stringent forms of punishment when the murder was “especially heinous, atrocious, or cruel, manifesting exceptional depravity.” source

Voluntary Manslaughter:

When you kill another person during a sudden quarrel or in the heat of passion, you may be charged under Penal Code 192(a), California’s voluntary manslaughter law. The difference between voluntary manslaughter and first-degree murder is the absence of malice, since the killing is done spontaneously in a voluntary case. If convicted, you may face 3 to 11 years in the California State Prison.

Overview of California Voluntary Manslaughter Laws

Homicide, the unlawful killing of a human being, may result in a criminal charge of murder or manslaughter. In a murder case, the prosecutor must establish the defendant’s “malice aforethought,” which refers to the defendant’s intentions, decisions, and planning related to the homicide. Malice may be shown through deliberate planning or participation in reckless, dangerous activity. When an individual commits a homicide without malice, the state might charge the defendant with manslaughter instead of murder. The difference between murder and voluntary manslaughter often focuses on the defendant’s state of mind at the time of homicide.

California state laws define three types of manslaughter: voluntary, involuntary, and vehicular. For a voluntary manslaughter charge, the prosecutor must show that the defendant committed homicide during a sudden quarrel or while in the heat of passion. The events and circumstances surrounding the homicide — the quarrel or provocation –establish a lack of malice that would otherwise result in a murder charge. The prosecutor must still show that the defendant had the intent to inflict severe bodily injury or death on the victim in order to prove voluntary manslaughter.

Acts that qualify as provocation depend on the circumstances surrounding the homicide. Some common acts of provocation include mutual combat in which both the defendant and victim equally participated, murder of a family member, or adultery committed by the defendant’s spouse.

If a period of time has passed between the act of provocation and the homicide, California laws provide the prosecutor with the basis for a murder charge rather than a manslaughter charge. State laws require a murder charge if the defendant had a sufficient “cooling period.” If the defendant committed the homicide after the cooling period, the prosecutor may be able to show that the defendant had enough time to premeditate or plan the killing.

Involuntary Manslaughter:

You can be charged under Penal Code 192(b) PC California’s involuntary manslaughter law when you kill another person without malice or intent to kill, but with conscious disregard for human life. If convicted under PC 192(b), you may face two to four years in the California State Prison.

Overview of California Involuntary Manslaughter Laws

Homicide, the unlawful killing of a human being, may result in a criminal charge of murder or manslaughter. California state laws include separate definitions for voluntary manslaughter, involuntary manslaughter, and vehicular manslaughter. Involuntary manslaughter most commonly refers to unintentional homicides that occur during the commission of non-felony crimes or reckless conduct during lawful activities. In California, vehicular homicide and involuntary manslaughter are separate crimes with distinct definitions and punishments.

Homicide during the commission of a felony often results in a murder charge rather than a manslaughter charge. When a killing occurred during the commission of a crime that is not a felony, the prosecutor must prove that the defendant had a criminal intent to commit the underlying unlawful act. If the defendant did not intend to engage in the crime that resulted in homicide, the state may be unable to prove involuntary manslaughter. The defendant may be able to establish a lack of intent by showing a reasonable mistake or lack of knowledge.

An involuntary manslaughter can also happen during lawful activities that occur recklessly, carelessly, or unreasonably. A prosecutor might prosecute a defendant for a homicide that occurred due to the defendant’s careless behavior related to what would otherwise be a lawful activity.