Elements of Homicide in CA

According to California law, homicide is a crime where one person has caused the death of another. It's important to note that this killing could be intentional or unintentional, and the accused may have a lawful excuse for their actions.

Lawful homicide occurs when the actual killer of another person kills the victim in self-defense or in the defense of another. Unlawful homicide is when there are criminal elements present. The distinction between the two hinges on factors like intent, circumstances, and legality of the action; and these determine how homicide charges are both handed down and defended.

Anyone involved in a homicide case must understand the complex laws in California and how courts treat those who are facing these charges. It's also important to work with a defense attorney who understands the elements of homicide in CA and how they might defend their clients.

Goss Law is one of these law firms, and the team is well-versed in handling the complexities of homicide cases. They are knowledgeable and well-known for their strong defense strategies and assistance to those who are facing murder, manslaughter, and attempted murder charges. They can answer the question of What Is homicide?

Legal Definition of Homicide in California (Penal Code § 187)

In California, murder is defined by California Penal Code Section 187:

“Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.”

All homicide cases are founded on this definition and it distinguishes murder from other types of homicide. It's very important to understand this definition, and it is further explained, here:

"Unlawful Killing"

The term "unlawful killing" is an important phrase. It means that the killing was done without legal justification. Any death that is caused intentionally or through a "reckless disregard for human life," is unlawful. As mentioned, not all killings are murder; only those that are done via an unlawful act.

"Malice Aforethought"

Another critical part of defining homicide is to determine if the crime was done with "malice aforethought." This differentiates murder charges from manslaughter charges. "Malice" refers to the state of mind of the defendant and whether or not they intended to kill someone, or inflict great bodily injury, or not. In the case of murder charges, California law recognizes two types of malice: express malice and implied malice.

"Inclusion of Fetus"

The term "inclusion of fetus" in the definition means that the state is taking a specific stance on fetal homicide. Lawful abortion and medical procedures are not included.

Penal Code § 187 addresses murder, but not other forms of homicide. These are governed by other statutes, which have different levels of culpability and intent.

This Penal Code is important for anyone who is involved in a homicide case, as it lays the foundation for charges, defenses, and other potential penalties.

Core Elements of Criminal Homicide in California

Criminal homicide in California involves several essential elements that must be proven beyond a reasonable doubt before a prosecutor can secure a conviction. These elements also distinguish criminal homicide from lawful killings. They also help to determine charges, and it helps a criminal lawyer create a defense for their client.

Breaking all of these elements down can help those facing these charges fully understand the process.

The Unlawful Killing of a Human Being or Fetus

At the heart of every homicide charge is the action that caused the death of another person (or fetus). To be charged with unlawful homicide, the prosecutor must prove that the killing was now justified by self-defense, the defense of others, or other legal exceptions. The burden of proof lies solely on the prosecution, and they have to show that the defendant acted with malice through a direct act or series of actions, which lead to a fatal outcome.

Actus Reus (The Physical Act)

"Actus reus" is a Latin term that refers to the physical act or conduct that caused the death of another. This could be a stabbing, a shooting, hitting someone or other actions that result in an intentional killing. It's important that the act is voluntary, which means the defendant consciously committed the crime.

Mens Rea (The Mental State)

Mens rea, which refers to the mental state of the defendant, is another crucial part of determining what type of homicide charges should be handed down. For a murder charge, again, the prosecutor must prove malice aforethought, which is explained above. With manslaughter, the defendants mental state is different, and thus, charges and sentencing guidelines are different.

Causation

Another thing that the prosecutor must prove is that the defendant's action caused the victim's death. It must show that the death of the victim would not have occurred if the accused did not act as they did.

Absence of Justification or Excuse

Finally, the killing must lack legal justification. A lawful killing, such as self-defense, gives the defendant a legal excuse to kill another person. If the defendant doesn't have that, they can be charged with more serious crimes.

Understanding these core elements is essential for building or challenging a homicide case. Each element must be carefully analyzed, as weaknesses or gaps can impact the outcome of the trial on either side.

Degrees of Homicide in California and Their Elements

California law classifies homicide into several different categories based on factors including circumstances, intent, and the mental status of the defendant at the time of the act. Understanding this is extremely important because each of these charges carry different consequences.

Here are the degrees of homicide in California:

• First-degree murder

• Second-degree murder

• Voluntary manslaughter

• Involuntary manslaughter

• Vehicular manslaughter

First-Degree Murder

First-degree murder charges are the most serious charges. As explained above, it is defined as the unlawful killing of a human being with malice aforethought combined with premeditation and deliberation.

In this case, premedication refers to the decision to kill. To prove first-degree murder, the prosecution must show that the defendant made the decision to kill the victim before the act was done.

Deliberation means that the defendant weighed the decision and was not acting in an impulsive manner.

Capital murder is also part of this category. This is similar to first-degree murder charges but there are special circumstances that elevate the crime to capital murder charges. These include:

• Multiple murders

• Murder for financial gain

• Felony murder rule - murder that occurred during the commission of another underlying felony like rape or robbery

• Murder of a peace officer, firefighter, elected official, etc.

• Lying in wait

• Murdering a witness in a criminal case

• Criminal street gang-related murder

• Torture

Second-Degree Murder

Second-degree murder also involves malice aforethought, but it is not a premeditated killing. In other words, a second-degree murder is an intentional killing, but it is a spontaneous one without planning. The prosecutor may argue that the defendant acted with a conscious disregard for human life, even if they didn't plan the murder. An example of this is a person who kills another person in a fight. They may not have planned to get into the fight, but their actions were meant to intentionally seriously injure or kill the victim.

Voluntary Manslaughter

Voluntary manslaughter is when a defendant kills another person without malice, but the defendant acted in a way that made them culpable in the crime. Generally, this involves a killing that was done during a "heat of passion moment" or during a sudden fight that provoke a reasonable person to lose control.

To charge a person with voluntary manslaughter, the prosecutor must prove that the person was provoked, that they had no intention to kill the victim, and that the killing occurred before a reasonable cooling off period.

Manslaughter is a crime that is considered to be less culpable than murder due to the emotional and situational factors involved.

Involuntary Manslaughter

Involuntary manslaughter is an unintentional killing that results from reckless conduct or criminal negligence. There is no intent to kill, but the prosecutor must prove that the defendant was careless or that their unlawful behavior caused the death. Examples of cases where a defendant might be caused by reckless driving, negligent medical practices, or an accidental shooting.

Vehicular Manslaughter

Vehicular manslaughter in California involves causing the death of another person while driving, due to negligence or an unlawful act, such as reckless driving or DUI. Charges can range from misdemeanors to felonies, depending on the driver’s conduct and intent. Convictions may result in jail or prison time, fines, and license suspension. DUI murder charges are possible, and enhancements like a prior DUI conviction can increase the sentence.

Justifiable and Excusable Homicide in California

In California, the legal system recognizes that not all homicides are criminal offenses. There are two types of homicide that are usually deemed lawful: justifiable homicide and excusable homicide.

Justifiable Homicide

A homicide may be said to be justifiable when a killing is committed in a circumstance like self-defense. Police officers who use deadly force also are usually considered justified when they believe their life is in danger. It might be an intentional act, and it might be known that the defendant intended to kill or cause serious injury, but the actions are considered justified.

Excusable Homicide

An excusable homicide is one that occurs by accident or misfortune. Accidental killings do not have any criminal intent, and the accused was acting lawfully. This shows that the state understands that a death might occur despite wrongdoing.

Both justifiable and excusable homicides are legally distinct from criminal homicides, and understanding these distinctions is crucial for anyone involved in a homicide case. A criminal defense attorney can help defendants in any of these cases.

Consequences and Sentencing for Homicide Convictions

Depending on the type of homicide the defendant is charged with, there are different consequences and sentencing guidelines that apply.

In a first-degree murder case, the standard punishment is 25 years to life in state prison. If there are special circumstances, such as capital murder charges, a first degree murder conviction may lead to the death penalty, or life without parole may apply.

Second-degree murder generally carries a sentence of 15 years to life. The term depends on the facts of the case and other factors.

Voluntary manslaughter usually carries a prison term of 3 to 11 years and involuntary manslaughter comes with a sentence of 2 to 4 years.

In the case of vehicular homicide, a person can be charged with a misdemeanor or a felony with 1 year to life imprisonment depending on the circumstances. Things like gross negligence when driving the motor vehicle or prior convictions often add even more severe penalties.

Beyond incarceration, homicide convictions can lead to long-term consequences such as loss of civil rights, difficulty finding employment, and social stigma. Given the gravity of these outcomes, skilled legal representation is critical.

Importance of Legal Representation in Homicide Cases

Facing homicide charges is a very serious situation, and because the laws in California are so complex and the consequences are so devastating, having a skilled attorney is an absolute must.

An attorney must thoroughly understand the legal elements of homicide in CA and also must take a close and detailed look at the circumstances of the case. A smart legal team will look at all the facts of the case, gather evidence, consider any potential weaknesses in the prosecutor's case, plus challenge any procedures that might be unlawful. A lawyer can also help the client by exploring options like their mental state, if there is a possibly self-defense situation, or any mitigating factors that might reduce the charges.

Not having the right defense team can be the difference between a chance of freedom vs imprisonment for the rest of a person's life. A person charged with these crimes can face lifelong imprisonment, loss of freedom, and serious social and financial consequences. A good lawyer, however, ensures that the accused’s constitutional rights are protected throughout the process—from arrest and arraignment to trial and sentencing.

At firms like Goss Law, experienced homicide defense attorneys provide strategic, compassionate representation that is totally created based on the unique facts of each case. Their goal is to secure the best possible outcome, whether through negotiation, dismissal, or vigorous trial defense.

In homicide cases, expert legal representation is not just beneficial—it is vital. Call today for a free consultation with Goss Law.