What Is the Max Sentence for Homicide in CA?

Homicide is one of the most severe criminal offenses in California, and because of this, it has some of the harshest penalties.

Anyone who is accused of homicide in California faces consequences that will undoubtedly change their life, including the possibility of several years in prison or the death penalty.

The maximum sentence for homicide depends on the charges, the circumstances of the case, and the criminal history of the defendant.

Those who are accused of these crimes, or those who are under investigation, should definitely understand how these crimes are sentenced under California law. Goss Law is also able to weigh in on questions such as What is the penalty for homicide in CA?

Understanding Homicide in California

Per California Penal Code, homicide is defined as the unlawful killing of another person. There are a range of charges that fall under homicide, including murder charges and manslaughter charges. Each of these charges have different sentencing guidelines, and the severity of the sentence within those guidelines depend on things like intent, aggravating circumstances (victim was a certain person like an elected or appointed official), and the mental state of the defendant at the time of the incident.

Here are the main offenses:

• Murder (Penal Code § 187)

• Voluntary Manslaughter (Penal Code § 192(a))

• Involuntary Manslaughter (Penal Code § 192(b))

Each of these offenses has specific things that must be proven by the prosecution as well as corresponding penalties that escalate with severity.

First-Degree Murder: The Harshest Penalties

First degree murder is defined as the intentional, premeditated, and deliberate killing of a human being. It might also include acts where a murder occurred during the commission other felonies (felony murder rule), or murders involving acts like torture, poison, or lying in wait.

The maximum sentence for first degree felony murder is 25 years to life in prison, life without the possibility of parole in some circumstances, and if it is a capital murder charge, the defendant could get the death penalty.

There are some special circumstances that may elevate the penalty, too. For instance, if there are multiple victims or if the murder was committed for financial gain. If the defendant was a member of a criminal street gang, if the crimes were hate crimes, or if the victim was a peace officer, firefighter, or other official, the penalties might also be elevated.

For first degree murder, the max sentence is, indeed, the death penalty, and if the charge is elevated, there is a much better chance of being sentenced to life without parole or to death.

Second-Degree Murder: Serious but Less Harsh

Second degree felony murder is also a serious crime, but the penalties are less harsh. In this case, the accused might have intended to kill the victim, or they acted in a way that death was a reasonable outcome. However, this was not a pre-meditated killing.

The maximum sentence in this case is 15 years to life in a state prison. However, this, too, can be elevated if there was use of a deadly weapon, prior criminal history, or if the victim was a person such as a police officer, firefighter, etc. In this case, the sentence could be 25 years to life if the victim was a public servant performing his or her duties, or if the defendant used a firearm, motor vehicle, or other deadly weapon, it can add 10 to 25 years to the sentence.

Voluntary Manslaughter: Heat of Passion Killings

Another type of homicide charge is voluntary manslaughter. This is referred to as a "heat of passion" murder or when someone "snaps" and ends up killing the victim. In these cases, the defendant acted based on a sudden outburst of emotion without the intention to cause the victim's death.

In general, this is considered to be a lesser offense to murder, and it's considered to be a lawful act that was done in an unlawful manner. Some murder charges can also be reduced to voluntary manslaughter if the defendant had an honest but unreasonable belief that they were in danger.

Voluntary manslaughter carries a maximum sentence of 11 years in state prison, but it could be 3, 6, or 11 years based on sentencing guidelines. A person who commits voluntary manslaughter who was provoked, had no criminal history, and was remorseful might only get 3 years, where someone who was not provoked, has a prior criminal history, and doesn't seem remorseful might get 11 years.

Since the defendant didn't intend to take a human life, the punishment is far less harsh than homicides with intention.

Involuntary Manslaughter: Unintentional but Criminal Act

Involuntary manslaughter is the unintentional killing that occurs due to criminal negligence or an unintentional homicide that occurred when the defendant was in the process of a non-felony crime.

An example of this might be a fatal car accident that was caused by the gross negligence of the defendant. The accused didn't mean to kill someone else, but it is still an unlawful act as they were negligent. For instance, they might have been texting while driving or speeding at 110 miles per hour.

In the case of involuntary manslaughter, there is a maximum sentence of 4 years in state prison. However, there are other consequences the defendant might face including civil lawsuits, probation, community service, and they may get a "strike" under the Three Strikes law.

Vehicular Manslaughter and DUI-Related Homicide

Vehicular manslaughter is handled a bit differently. A person can be charged with misdemeanor vehicular manslaughter or felony vehicular manslaughter, and if under the influence, intoxicated gross vehicular manslaughter. In these cases, if alcohol or drugs is involved, there are generally more serious sentences.

Gross vehicular manslaughter while intoxicated (Penal Code § 191.5(a)) carries up to 10 years in state prison, but it can be longer, from 15 years to life in prison, if the defendant has prior DUIs.

Vehicular manslaughter without intoxication has a max sentence of up to one year in jail if it's a misdemeanor or up to 6 years in state prison if it's a felony charge.

It's also possible that a prosecutor may charge the defendant with second degree murder in some cases if the defendant has both prior DUI convictions and had "implied malice" or "malice aforethought," which brings intention to the crime.

Enhancements That Increase the Max Sentence

Even if there are sentencing guidelines in place, all of these charges can be elevated thanks to sentence enhancements. For instance, if a firearm is used in the crime, it can add 10 to 25 years, or life, depending on how the firearm was used.

If gang involvement was part of the homicide, it can add up to 10 years to the sentence. Penal Code § 12022.7 states that if the defendant tried to inflict great bodily injury or attempted murder, of another person, it can add additional years. Also, if a defendant served time in prison already, they could get more time in prison.

The Role of Discretion in Sentencing

In California, sentencing is not automatic, and judges can have discretion to determine where the sentencing should occur in the sentencing guidelines.

Also, there could be either mitigating or aggravating factors. Mitigating factors might include no prior criminal history or corporation with authorities. Aggravating factors might include lack of remorse, cruelty, or a risk to the public.

For instance, if a defendant committed second degree murder, it doesn't necessarily mean 15 years of imprisonment in the state prison system. It could be less or more depending on other factors. Consider whether to hire a criminal defense law firm in Sacramento for advice on various factors.

Juvenile Sentencing for Homicide in CA

If a juvenile is charged with homicide, they are typically treated with more leniency, but not always. Here are some considerations that are taken when a juvenile is charged with homicide:

• Minors under 16 cannot be tried as adults for most homicide charges (SB 1391)

• Juvenile offenders may be committed to the California Division of Juvenile Justice until age 25

• For those tried as adults, the sentence may mirror adult penalties—but parole eligibility may apply sooner

Juveniles can still face decades in prison, depending on the charge and facts of the case.

Summary: What Is the Max Sentence for Homicide in CA?

The maximum sentence for homicide in California depends heavily on the type of offense:

Enhancements, prior convictions, and aggravating factors can significantly increase these penalties. In the most serious cases, the death penalty remains a legal option, even if executions are currently on hold in the state.

Goss Law can help with questions like What are the different types of homicide charges in CA? They have extensive experience defending clients charged with serious felonies, including homicide. The firm works tirelessly to:

• Investigate all facts surrounding the incident

• Challenge the prosecution’s evidence

• Present strong legal defenses (e.g., self-defense, insanity, mistaken identity)

• Negotiate plea deals when appropriate to reduce charges

• Advocate for mitigated sentences during sentencing hearings

Whether the charge is murder, manslaughter, or vehicular homicide, having a skilled attorney can be the difference between a life sentence and a reduced term—or even an acquittal, as the prosecution has to prove guilt beyond a reasonable doubt.

Both misdemeanor and felony murder charges are serious. Those who are facing homicide charges should reach out to Goss Law for a free consultation.