What Is the Penalty for Homicide in CA?

Homicide is an extremely serious crime under California law, and the penalties reflect that. However, the term "homicide" is a broadly defined word. It doesn't automatically mean murder charges, and not all homicide cases have the same consequences.

Depending on the circumstances, a person can be charged with homicide and face a number of different possible sentences, from fines or probation to life in prison or even the death penalty.

Those facing charges for homicide, family members of those charged with homicide, or even those who have an interest in California law should learn more about the crime of homicide and the penalties involved.

Keep reading to find out more about the answer to the question, "What is the penalty for homicide in CA?"

What Is Homicide Under California Law?

Under California law, homicide is broadly defined as the killing of a human by another person. It is important to note that homicide is not always considered a crime. In some cases, killing may be seen as a lawful act, such as in a self-defense case. When a killing is unlawful, though, it can lead to very serious charges and sentences.

California Penal Code § 187(a) defines murder as "the unlawful killing of a human being, or a fetus, with malice aforethought.” However, not all homicides are murders. There are actually several different types of homicide that the state recognizes:

• First-degree murder

• Second-degree murder

• Voluntary manslaughter

• Involuntary manslaughter

• Vehicular manslaughter

Each of these categories have a different legal definition and penalty. Factors such as malice, premeditation, provocation, and criminal negligence all play a role in how a homicide is charged and punished.

Understanding how California law works is essential when facing or defending homicide charges. Even a small or minor detail can greatly influence the case. Our team can answer questions like What is the max sentence for homicide in CA?

Degrees of Unlawful Homicide in California

As mentioned, California law recognizes different types of homicide. Each of these carry its own sentencing guidelines. The specific charges depend largely on the intent of the defendant, their mental state, and the circumstances of the case.

First-Degree Murder

First-degree murder charges are the most serious of all felony murder charges. It involves the unlawful killing of another person (an intentional act). Additionally, this crime is a premeditated killing, which means that the defendant planned the killing in advance, and they had the intention to inflict great bodily injury or death.

Even if a homicide is not premeditated, the State of California considers some crimes to be charged as first degree murder or capital murder. These include:

• A murder that occurred when the accused was committing an underlying felony like rape or robbery. (This is known as the felony murder rule.)

• Drive-by shooting cases

• A hate crime based on the victim's race, religion, views, or orientation

• Torture or lying in wait

• Murder for financial gain

A first-degree murder conviction can lead to 25 years to life in prison. In some cases, instead of first-degree felony murder, capital murder applies. For more information, a trusted criminal defense attorney in Sacramento may be able to help.

Capital murder refers to first-degree murder with one or more special circumstances under Penal Code § 190.2. These cases are eligible for the death penalty or life without parole.

Common special circumstances include:

• Multiple victims

• Murder for financial gain

• Gang-related murder

• Killing a witness, peace officer, or law enforcement officer

• Murder committed during a rape, robbery, or kidnapping

Penalty: Death or life without the possibility of parole (LWOP)

Second-Degree Murder

In the case of second-degree murder, this is also an intentional killing, but it is not a planned killing. In some cases, a second-degree felony murder may involve implied malice, which is when the defendant acted in a way that shows disregard for human life. An example of this might be firing a gun into a crowd or driving at extreme speeds throughout a neighborhood.

The penalty for second-degree murder is 15 years to life, but if there are special circumstances, such as if the victim was a police officer or a deadly weapon was used, this could add additional time in prison.

Voluntary Manslaughter

Voluntary manslaughter involves killing a human without malice. Often, these homicides occur when a person "snaps" or when they are in the "heat of passion," which often occurs in a sudden quarrel or when provoked.

The penalty for voluntary manslaughter is 3 to 11 years in state prison.

Involuntary Manslaughter

Involuntary manslaughter is when a killing of a human is done unintentionally. There is no intent to kill, but the defendant acted in a reckless manner that caused the death. The penalty is 2, 3, or 4 years in prison.

Vehicular Manslaughter Penalties

Vehicular manslaughter in California involves causing the death of another person while driving a vehicle, due to negligence or illegal actions. This is a serious charge, but it can be charged as either a misdemeanor or a felony.

Misdemeanor Vehicular Manslaughter (Penal Code § 192(c)(2))

The charge of a misdemeanor vehicular manslaughter applies when a driver causes a fatal accident when acting in a non-criminal way, yet a negligent way. For instance, if a driver fails to yield and causes an accident where another driver is killed. The penalty is up to a year in county jail and may also include fines and the suspension of a driver's license.

Felony Vehicular Manslaughter (Penal Code § 192(c)(1))

If the driver acted with gross negligence, which means they drove with a reckless disregard for human life, the charge may become a felony if a death occurs. The penalty in this case is typically 2-6 years in state prison and it may also lead to civil lawsuits, fines, and the loss of a drivers license.

Vehicular Manslaughter While Intoxicated (Penal Code §§ 191.5(a) & (b))

When alcohol or drugs are involved, the consequences are far more severe:

• Without gross negligence (PC § 191.5(b)): 16 months, 2, or 4 years in prison

• With gross negligence (PC § 191.5(a)): 4, 6, or 10 years in prison

• With a prior DUI manslaughter conviction: 15 years to life

If a person intentionally kills someone when under the influence, the DUI murder charges are similar to second-degree murder charges, or possibly first degree murder. The motor vehicle is considered a weapon in some cases.

Sentencing Enhancements and Aggravating Factors

In California homicide cases, even after the base charge is determined, there are things that may significantly increase the sentence.

Gang Enhancements (Penal Code § 186.22)

If the homicide was committed to benefit a criminal street gang, or if it was done in association with or by direction of, the prosecutor can add a gang enhancement. This can lead to an additional 10 years to life in prison, or first degree murder criminal charges could become capital murder, which has penalties of life without parole or the death penalty.

Firearm Enhancements (Penal Code § 12022.53)

Using a firearm during a homicide can add enhancements, too. For instance, if a person uses the gun, but doesn't kill the victim with the gun, such as in an attempted murder, it could add 10 years. If the person fired the gun, it can add 20 years. If death was caused by a gun, it could be 25 years to life. Keep in mind that these are added on top of the base sentence.

Other Aggravating Factors

• A criminal record with other serious or violent felony convictions ("Three Strikes")

• Murder of a vulnerable victim, such as an elderly person, a child, or a disabled person

• Cruel or heinous acts (Torture, lying in wait, etc.)

• Multiple victims

Why It Matters

If a sentence enhancement is added, it can turn a 15-to-life sentence into a life without the possibility of parole sentence or even a death penalty case. A good lawyer will fight to limit the effect of enhancements and challenge them as much as possible to get the best outcome for their client.

The Criminal Sentencing Process in California Homicide Cases

The sentencing process for homicide cases in California is very complex. The outcome depends on the charge, but also any enhancements, mitigating circumstances, and the quality of the defense.

Here's a basic step-by-step look at how sentencing works in homicide cases:

1. Arrest and Arraignment

Following an arrest, the accused person will formally be charged at an arraignment. The court informs the defendant of their charges and sets bail, if it's applicable. It's so important to have an attorney at this stage.

2. Preliminary Hearing and Trial

For felony homicide charges, a preliminary hearing is held to determine if enough evidence is available to proceed to trial. At trial, the prosecution must prove guilt beyond a reasonable doubt, which includes any special circumstances or enhancements.

3. Verdict and Sentencing Phase

If the defendant is convicted of first-degree murder with special circumstances, the case will move to a penalty phase. The jury will decide if the death penalty or life without the possibility of parole will apply.

For other homicide convictions, the judge typically determines the sentence based on:

• The statutory sentencing range

• Aggravating and mitigating factors

• Probation officer’s report

4. Victim Impact Statements

During the sentencing phase, the victims’ family members may present impact statements. These describe how the crime has affected their lives. These statements often influence the court’s final sentencing decision.

5. Appeals and Post-Conviction Options

Even after sentencing, the defendant may file appeals, seek sentence reductions, or pursue post-conviction relief—especially if legal errors occurred during trial.

At Goss Law, Blair Goss and his team will guide clients through every stage of the process, working aggressively to get the best possible outcome for their client and fight wrongful convictions.

Long-Term Consequences of a Homicide Conviction

A homicide conviction in California has more consequences than a prison sentence. There are lifelong consequences that will affect every part of a person's future.

Loss of Civil Rights

In California, felons lose civil rights including the right to vote, the right to own or possess firearms, and the right to serve on a jury.

Employment and Housing Barriers

Most homicide convictions appear on background checks, making it extremely difficult to get a job or rent a place to live. Those with professional licenses may also lose those or be banned from certain careers.

Immigration Consequences

For non-citizens, a homicide conviction can lead to deportation, denial of re-entry, or permanent inadmissibility—even if the person is a lawful permanent resident.

Parole and Supervision

Even after release, many individuals face strict parole conditions that limit their freedom. They also may be under supervision for many months or years.

At Goss Law, they understand these long-term implications and fight to minimize or avoid conviction wherever possible.

Why Strong Legal Representation Is Critical

When a person is facing homicide charges, the quality of their legal team can mean the difference between life in prison and a chance at freedom. Homicide charges are not only complex; they are also very emotionally charged and aggressively prosecuted. It doesn't matter if a person is facing a charge of involuntary manslaughter or a capital murder charge, a strong defense team is imperative at every step of the process.

Navigating Complex Laws and Charges

A lawyer will help their client distinguish between the different homicide charges. They understand how to challenge the prosecution, dispute accusations of malice, intent or negligence, and they can introduce mitigating factors like insanity, self-defense, or accidents.

Protecting Constitutional Rights

From unlawful searches to coerced confessions, legal missteps happen frequently in homicide investigations. A knowledgeable lawyer ensures their client's Constitutional rights are fully protected throughout questioning, trial, and sentencing.

Strategic Negotiations and Trial Defense

Many homicide cases are resolved through plea deals—but only a seasoned attorney knows when to negotiate and when to go to trial. A skilled defense lawyer builds strong cases, presents compelling evidence, cross-examines expert witnesses, and communicates powerfully to judges and juries.

The Goss Law Difference

At Goss Law in Sacramento, their team has defended clients in some of the region’s most serious homicide cases. They bring aggressive advocacy, deep legal insight, and a client-focused approach to every case. Those facing homicide charges should call Goss Law, 24/7, for a free consultation.