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Aug 18, 2026
If you are accused of causing another person’s death, there are multiple types of charges that you could face. While the terms homicide, murder, and manslaughter all may seem similar, there are important distinctions between these legal terms that result in different punishment severities. If you are facing any of these charges, it is especially important that you understand the differences between homicide, murder, and manslaughter, as well as the repercussions of each allegation.
Being arrested for any of these charges can cause immense stress and fear for your future. Although they do carry different penalties, all the penalties are still severe. It is critical to speak with an experienced Los Angeles Murder & Manslaughter Lawyer at Gibbons & Gibbons. We can provide valuable insight into your specific charges and potential penalties. Our team can create unique and effective defense strategies to reach a positive outcome for your case.
Homicide
In 2025, California recorded a total of 1,374 homicides. Homicide is the umbrella term that encompasses all forms of killing another person, whether legal or illegal. For example, if you kill another person while protecting yourself because you believe your life is in danger, this could be ruled a legal killing. However, it would still be legally termed a homicide. With respect to illegal killings, the broad term “homicide” is broken down into two areas: manslaughter and murder.
Manslaughter
Manslaughter is the unlawful, but unintentional, killing of another person. These killings are not planned ahead of time and are instead the result of recklessness or negligence. Manslaughter can also be categorized as a crime of passion. It can be broken down into two categories:
Involuntary Manslaughter
This type of homicide is committed when a person is killed because of actions that involve a wanton disregard for life by the accused. Involuntary manslaughter occurs when there is no true intent to kill and no premeditation. An example would be a person who is driving under the influence of drugs or alcohol and causes a fatal car accident. The resulting penalty can be up to four years in prison.
Voluntary Manslaughter
This type of homicide occurs when the killing was not premeditated, but the intended result was to inflict bodily harm or kill the other person. The provocation must be understood as a cause that would have resulted in another reasonable person acting the same under similar circumstances.
Common examples of voluntary manslaughter include crimes of passion, such as when a person walks in on their spouse with another person. Penalties for this homicide charge can include up to 11 years in prison.
Murder
Murder is the illegal killing of another person. Under California Penal Code Section 187, murder charges are applicable when a person kills another with malice aforethought. The legal definition of malice states that it is the intention, knowledge, or desire to do wrong. When a person kills another with the intent to do so, that person has demonstrated malice aforethought. Murder charges are much more severe than manslaughter charges. In California, there are two types of murder charges:
First-Degree Murder
This type of homicide results from a killing that was planned or designed prior to being carried out. There are multiple subsets of first-degree murder. Felony murder occurs when an unintended killing results from another intentional crime. Capital murder charges can be applied if the law considers the circumstances of the murder to be especially egregious. A first-degree murder conviction can result in up to 25 years in prison, and a capital murder conviction can result in life without parole.
Second-Degree Murder
This type of homicide results from murder without premeditated intent to kill. It typically includes any murder charge that cannot be counted as first-degree. The penalty for a second-degree murder charge can range from 15 years to life in prison.
About Malice Aforethought
As previously mentioned, malice aforethought refers to the state of mind necessary to support a murder charge. The following are a few important legal concepts to understand when thinking about malice aforethought in terms of murder charges in California.
Express vs. Implied Malice
Malice can be considered either express or implied when discussing the intent necessary to support a murder charge. Express malice is a conscious, deliberate, and specific intent to kill someone or cause them serious bodily harm. Implied malice, on the other hand, is more nebulous. It refers to the state of mind in which someone might act recklessly or without care for the well-being of others, resulting in a person’s death.
The “Watson Murder” Precedent
In California, if someone is killed by another individual who was driving under the influence of drugs or alcohol, that person can be charged with second-degree murder. This is called a “Watson Murder” after a famous case that set the precedent for this charge.
Under most circumstances, killing someone in the course of driving while under the influence of alcohol results in a vehicular manslaughter charge. Based on the Watson case precedent, a person in this situation can be charged with second-degree murder if the court determines that they acted with implied malice.
Capital Murder and Special Circumstances
The death penalty is a possibility in California, but it is generally reserved for the most serious murder crimes, committed under special circumstances. Some of the special circumstances outlined in California law are as follows:
- The murder was intentional, and the motive was financial gain.
- The alleged offender had prior first- or second-degree murder convictions.
- The current offense involved more than one murder.
- The murder was committed in the course of escaping the police or lawful custody.
- The defendant used a bomb to commit the murder.
- The victim was a police officer, federal law enforcement officer, or firefighter who was killed while performing their duties.
- The victim was a judge, attorney, or court official, and the murder was done in revenge.
- The violence used was particularly cruel or heinous.
The most severe penalties for murder in California are the death penalty and life in prison without the possibility of parole. There is currently a moratorium on executions in California, but this does not mean that the sentence is off the table.
What to Do if You Are Charged With Murder
If you are charged with murder in California, you should take care to stay calm and avoid panicking about the situation. Remember that an accusation is not the same as a conviction, and the burden of proof is on the prosecution. The prosecuting attorneys must prove to the court, beyond a reasonable doubt, that you are guilty of the murder in question. Your job, and your attorney’s, is to point out inconsistencies in the prosecution’s case and cast doubt on it.
If you are under investigation for murder, you should retain an attorney as soon as possible. Your lawyer can help you understand the charges against you and watch for any violations of your constitutional rights. If you are arrested or questioned by the police, you should remain silent until your lawyer is present.
FAQs
Is Murder or Manslaughter the More Serious Charge?
Murder is the intentional killing of another person, while manslaughter is the unintentional killing of another. Murder carries the distinction of being planned prior to the crime being committed. Therefore, it is considered a more serious crime and carries a heavier penalty. Manslaughter may result in 11 years in prison, and murder can result in life in prison.
Is Homicide a Crime?
Depending on the situation, it is possible for a homicide not to be a crime. Homicide is defined as the killing of one person by another. This broad term refers to any situation that involves a person killing another, including both legal and illegal killings. All instances of murder and manslaughter are illegal homicides. However, not all homicides will fall under those illegal killing terms.
What Is the Difference Between Involuntary and Voluntary Manslaughter?
Either type of manslaughter lacks malicious intent, but there is an important distinction between the two. Involuntary manslaughter occurs when the killing results from recklessness or negligence, but there was no intent to kill. Voluntary manslaughter occurs when there was intent to cause severe harm or death, but the killing itself was a result of severe provocation in the moment.
What Is the Difference Between First- and Second-Degree Murder?
In general, second-degree murder is broadly defined as any form of murder that does not meet the qualifications of first-degree murder. It is a lesser charge than first-degree murder. Second-degree murder is meant to cover a wide range of scenarios. This makes it easier for prosecutors to file charges for those crimes. First-degree murder is more serious and requires both planning and malice.
Defending Against Murder and Manslaughter Charges – Hire a Murder Lawyer
When you or a loved one is facing an allegation as serious as manslaughter or murder, it is imperative to hire a murder lawyer experienced in that area of law. A skilled attorney may be able to reduce murder charges to manslaughter charges. They might also reduce voluntary manslaughter to involuntary manslaughter. These reductions can mean a difference of years of prison time.
Dealing with a manslaughter or murder charge is a nerve-wracking event. A conviction has the potential to steal the rest of your life with a long-term prison sentence. Defending against these serious charges requires an experienced attorney. It is especially critical to find someone who is dedicated to protecting your rights and seeing justice prevail.
The Gibbons & Gibbons team can help you successfully navigate these complex charges. We can work with you to find an effective defense strategy for your specific case. To protect your future, schedule a consultation by reaching out to our office.
