Difference Between Murder and Homicide in California—Is There One?

More often, there are cases of someone killing another on television, social media, newspapers, and even in conversations on the streets. When we hear or read of such cases, terms like “homicide” and “murder” are often used to reference the incident that occurred. In many cases, these terms are used interchangeably, but they have distinct meanings.

Knowing the difference is essential, particularly if you are facing charges associated with these crimes. This blog clarifies these terms, exploring the different categories within them, and stressing the importance of skilled legal representation in such severe matters. 

The Meaning of Homicide Charges

Under California statute, homicide refers to the action of one party killing another under any given circumstances. Thus, "homicide" is an umbrella word that incorporates any case of a person causing the demise of another.

Contrary to popular belief, homicide and murder are not synonyms. Instead, homicide includes all forms of killing, which can either be unlawful (unjustifiable) or lawful (justifiable). These include murder, manslaughter, felony murder, and Watson murder. In other words, it is safe to say that all murders are homicides, but the reverse is not true.

Unlawful vs. Lawful Homicide

Justifiable homicide involves a necessary killing, like when a police officer kills while executing a legal duty or acting in self-defense. Thus, it is not seen as an offense. Examples include:

• A soldier killing another soldier during a battle
• The police killing a suspect while patrolling an area

Regarding self-defense incidents, a person must reasonably believe they faced immediate danger, which caused them to apply proportional force for the defense to be effective. If, for example, you are under attack and you believe your life is in imminent danger, applying deadly force to safeguard yourself could be legal homicide. Instances that constitute legal homicide in self-defense include the following:

• An officer killing a suspect during a gunfight
• A homeowner shooting and killing an intruder threatening their life

The police document these incidents as lawful homicide. Although the culprit may face no punishment if it is established that they acted in self-defense, they will still have a criminal record for their actions.

Unlawful homicide is an inexcusable killing, characterized by negligence, malice, or illegal acts. The crime is divided into manslaughter or murder, based on the availability of intent and case facts. This distinction affects the charges the prosecution presses and the consequences that will follow upon a conviction.

Criminal homicide is charged under state criminal statutes, and a conviction can lead to severe consequences contingent on the circumstances and severity of the violation. Some penalties include life in prison and capital punishment. A key element of the crime in cases of unlawful homicide is the accused person's mental state or mens rea during the commission of the act. Typically, a greater intention to kill triggers more severe criminal charges and consequences.

Murder as a Form of Homicide 

Murder is a form of homicide described under PC 187. It is described as the illegal or unjustifiable killing of somebody else with malice aforethought. Malice, in this context, means the desire, intention, and knowledge to commit an evil act. Malice aforethought arises when you deliberately intend to kill someone or cause them grievous injury, making murder the most egregious form of homicide.

Malice aforethought is a key element. That is because it differentiates the offense of murder from other forms of unjustifiable killings, which do not require premeditated intention to kill. It encompasses various mental states, like an intention to cause severe bodily injury, an intention to kill, or a wanton disregard for a person's life. The malicious intention is what makes a killing murder.

For example, someone who plans out a killing and then executes it with deliberate actions and explicit motive proves to have malice aforethought. Contrarily, if somebody kills another in an unexpected fit of anger or rage with no prior planning, that may still constitute murder if the person had intended to inflict harm. However, the law may categorize it differently.

In California, you may be accused of murder in the first degree, second degree, or felony murder depending on the degree of premeditation and intention involved.

Murder In The First Degree

Murder in the first degree requires both premeditation and intention. Often, these murders entail planning and cruelty. The defendant needs to have thought of and decided on the action of ending a life beforehand. The planning phase may entail actions like acquiring weapons, stalking the deceased, creating an alibi, or developing an escape strategy.

The prosecutor can demonstrate premeditation through actions showing the killer analyzed their options, then proceeded with their plan. For example, if you took time to make everything ready for your act to kill and kept the consequences in mind, it strongly shows premeditation.

The consequences of murder in the first degree include twenty-five years in prison to imprisonment for life.

One form of murder in the first degree is capital murder. This is murder in the first degree, characterized by special circumstances, for example, a killing that involves particularly heinous methods or multiple victims. The fact that there are unique circumstances makes the offense even more severe. Capital murder can be punished by death (capital punishment) or life imprisonment with no possibility of parole.

Murder In The Second Degree

Murder in the second degree refers to intentional killing with no prior planning. In other words, the intent to kill is there, but there is no premeditation. This form of killing is usually characterized by impulsive actions instead of premeditated ones.

You might not have meant to kill the other party when you first met up with them, but killing them in a catastrophic loss of emotional control constitutes second-degree murder. In another case, suppose you intended to inflict severe bodily injury on a person but not kill them. Unfortunately, the person died from the injuries you inflicted. In this case, you would also be accused of murder in the second degree. The consequences of this crime, upon conviction, include imprisonment for fifteen years to life.

Felony Murder

Felony murder is a subdivision of murder in the first degree. It is prosecuted when someone kills another during the perpetration of a felony offense like rape, arson, or robbery, even if that death was unintentional.

Manslaughter as a Form of Homicide

Manslaughter is another form of homicide, and is described under Penal Code Section 192. This crime is described as the illegal killing of a person without malice aforethought. In other words, manslaughter refers to the unintentional killing of someone else. Manslaughter cases are considered less severe offenses than murder. The main difference between murder and manslaughter is the lack of intent and premeditation to kill. Generally, the crime of manslaughter is classified into three types: involuntary, voluntary, and vehicular manslaughter.

Voluntary Manslaughter

The crime of voluntary manslaughter is defined under PC 192a. It happens when someone kills another with no premeditation whatsoever. An instance that constitutes voluntary manslaughter is killing someone during an unexpected dispute or in the heat of passion. In this case, the intention was to inflict bodily injury on someone or to kill them, but the act was unpremeditated. The provocation to kill must be in a way that any reasonable party under similar circumstances would act in the same manner.

Voluntary manslaughter is characterized by an intense and unexpected emotional reaction, where the culprit's judgment is compromised by factors such as fear, jealousy, or anger. For example, if someone finds out their wife or husband is cheating on them and, due to uncontrollable anger, kills them, it could be considered a PC 192a violation.

The absence of premeditation distinguishes this act from murder in the first degree, but the deliberate nature of the action still justifies severe legal repercussions. Voluntary manslaughter is punishable by imprisonment for eleven years.

Involuntary Manslaughter

The crime of involuntary manslaughter is described under 192b. It occurs when someone dies as a result of another person's actions that entail a wanton disregard for a person’s life (negligent or reckless actions). A person commits involuntary manslaughter with neither premeditation nor genuine intention to end a life, yet a death still arises from their actions. For example, depriving a child of food until they die can result in involuntary manslaughter charges.

Involuntary manslaughter is punishable by a prison sentence ranging from two to four years and fines. The exact punishment varies depending on the unique facts surrounding the case. Absence of intention and premeditation makes PC 192b violation a less severe crime than murder and voluntary manslaughter. However, its legal consequences remain severe because of the element of negligence or recklessness.

Vehicular Manslaughter

Vehicular manslaughter is a crime that happens when someone passes away in a vehicle accident because of another motorist’s ordinary or gross negligence or perpetration of an unlawful act without malice. For example, reckless driving behavior that kills a pedestrian on the side of the roadway is deemed vehicular manslaughter. This crime is prohibited under PC 192c and is considered a type of negligent homicide.

The consequences of vehicular manslaughter are based on the level of negligence involved. If you acted grossly negligently, you will be subject to up to six years in prison. If you acted with ordinary negligence, the consequences include a one-year jail term.

Another form of negligent homicide related to vehicular manslaughter is vehicular manslaughter while intoxicated and with either ordinary negligence (PC 191.5b) or gross negligence (PC 191.5a). The only difference between vehicular manslaughter and vehicular manslaughter while intoxicated is that for the latter, you need to have caused a death while driving under the influence of drugs or alcohol.

Another form of negligent homicide is Watson murder, also called DUI murder. This crime involves DUI-related deaths and is tried as murder under PC 187 rather than under PC 192c, vehicular manslaughter. Particularly, the D.A. may prosecute you for DUI murder if you kill someone while DUI, and these two factors are factual:

• You are a repeat DUI offender
• You have either been educated on the risks of driving while intoxicated or given something called a Watson advisement when you faced a past DUI conviction.

A Watson advisement refers to a warning that mentions how extremely dangerous it is to a person's life to DU and how killing somebody else while intoxicated can result in murder charges.

Defenses That Apply to Murder May Not Apply to Other Homicides

When accused of homicide, you can argue various defenses based on the charges you face. These defenses aim to contest the D.A.’s case, potentially leading to a charge dismissal or reduction where possible.

Defenses to homicide mostly question the intention, justification of committing the act, and the circumstances surrounding the case. Prevalent legal defense strategies to homicide charges include lack of intention, self-defense, and showing the killing was justifiable given the circumstances.

Some defense strategies do not apply to some homicide cases. For example, you may not argue the defense of self-defense in a first-degree murder case. Understanding these legal defenses and knowing when to apply them is essential if you are facing homicide charges. Asserting a defense strategy successfully can lead to a reduction in charges.

For example, in a first-degree murder charge, if your lawyer manages to argue that there was no premeditation, the prosecution can lower your charges, and you can end up facing second-degree murder charges instead. Similarly, proving the absence of malice aforethought can result in the prosecutor lowering your charges from murder to manslaughter.

Find an Experienced Criminal Defense Attorney Near Me

Facing an arrest or charges for any form of homicide can be immensely stressful. That is because a conviction could subject you to penalties that could have a significant impact on your life. Even though each form of homicide carries different consequences, all the consequences are still severe. You want to consult a skilled criminal defense lawyer as soon as possible to increase your chances of a favorable outcome.

At the Law Offices of Jonathan Franklin, we have decades of expertise in criminal defense, defending clients in Los Angeles against a wide array of charges. We can provide valuable insight into the specific charges you face and possible penalties, as well as develop a unique and compelling defense strategy to achieve a favorable result for your case. Call us today at 310-273-9600 for a free consultation.