Homocide

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Homicide means the unlawful killing of another person. California law divides homicide into different categories based on intent, circumstances, and mental state. The main categories are murder and manslaughter.

Murder is the intentional and unlawful killing of another person, or a killing done with malice aforethought (intent to kill or cause serious harm, or reckless disregard for human life).

There are different degrees of murder:

• First-degree murder: Planned and deliberate killing, or killing during certain felonies (like robbery or rape).
   
• Second-degree murder: Intentional killing that is not premeditated or planned.
   

Murder is always a felony punishable by severe prison sentences, including life imprisonment or even the death penalty in some cases.

Manslaughter is a lesser form of homicide that involves killing without malice or premeditation. It can be:

• Voluntary manslaughter: Killing in the “heat of passion” after provocation or sudden quarrel.
   
• Involuntary manslaughter: Killing caused by reckless or negligent conduct, but without intent to kill.
   

Manslaughter is generally a wobbler—it can be charged as either a misdemeanor or felony depending on circumstances.

• First-degree murder: 25 years to life in prison, life without parole, or death penalty (rarely used).
   
• Second-degree murder: 15 years to life in prison.
   
• Voluntary manslaughter: Up to 11 years in prison.
   
• Involuntary manslaughter: Usually 1 to 4 years in prison or county jail.
   

• Allegations of killing during fights, domestic incidents, or accidents.
   
• Cases involving claims of self-defense or defense of others.
   
• Accidental killings with no criminal intent.
   
• Complex cases with conflicting witness statements or forensic evidence.
   
• Cases involving plea bargains to reduce charges.
   

• The killing was justified (self-defense or defense of others).
   
• The death was an accident or without criminal intent.
   
• Lack of evidence to prove malice or intent.
   
• False or mistaken witness testimony.
   
• Violations of your rights during arrest or investigation.
   

If you or a loved one face homicide, murder, or manslaughter charges, contact The Law Office of Lincoln Ho’o right away. Early defense is crucial to your case.