First-Degree Murder Charges in California

First-degree murder charges refer to the intentional, premeditated killing of one person by another person. However, there are other ways a person can be charged with first-degree murder.

• Using poison, an explosive device, a weapon of mass destruction, or armor-piercing ammunition that results in the death of another
• The implication of the torture of another person who is killed
• Killing a person while in the process of committing a separate felony (This is known as the “felony murder rule”)

First-degree murder carries a penalty of up to 25 years in state prison. Depending on any additional charges filed, such as hate crime, additional penalties could be added, including life in prison without the possibility of parole.

Second-Degree Murder Charges in California

Second-degree murder charges refer to the willful killing of another without that killing being deliberate or premeditated. In these situations, a suspect may have acted in spontaneous anger, with negligence, or accidentally. The types of accidents that qualify are those where there is knowledge of an action, behavior, or situation that could result in serious injury or death to another.

Examples of this type of charge are:

• In the heat of the moment, you punch a person, they fall and hit their head and later die as a result
• Shooting the gun into a crowd of people out of a sudden moment of anger and a person is killed as a result
• A person has multiple DUIs but continues to drive, then kills another person in an accident.

Second-degree murder convictions carry penalties that could include 15 years to life in state prison. The penalty will take into account a suspect’s prior convictions, what factors influenced the murder, and who the victim was, such as a police officer or other official.

Voluntary Manslaughter in California

Voluntary manslaughter is when a person willfully and deliberately kills another person, but it was not premeditated. For this charge to apply, the suspect must have been provoked and must have acted upon the provocation with obscured reasoning and judgment. Additionally, the average person would have to be considered to have acted similarly if in the same situation.

For example, if a person discovered their spouse in bed with someone else and then uses a weapon to kill the person in bed with their spouse, this situation would be considered willful and deliberate, but with no original intention of killing until the heat of the moment provoked the felony.

However, if it can be proven there was enough time for a suspect to “cool off” in between the moment they were provoked and the moment they take the life, then it could qualify for first- or second-degree murder.

Involuntary Manslaughter in California

Involuntary manslaughter charges occur when an individual kills another person through the commission of a non-felony crime that was not inherently dangerous or through a lawful act that might cause death if acted upon carelessly. These charges are devastating not only to the victim’s family but to the suspect as well because there was no willful, deliberate, or premeditated intent. However, this is still a felony crime punishable by up to four years in state prison.

Vehicular Manslaughter in California

This charge occurs when a person kills another person while driving; specifically, while performing an unlawful maneuver, a lawful act that could be considered risky or deadly, or intentionally causing an accident as a means to make money. Depending on the facts of the case and the suspect’s background, this charge could be considered a misdemeanor or a felony. If it is considered a misdemeanor, it is punishable by up to a year in state jail. If deemed a felony, it is punishable by up to 10 years in prison.

Defending Homicide Cases in California

Homicide cases always carry great weight. If you find yourself facing one of these charges, the life-altering consequences can be overwhelming. Using the services of a trusted attorney, like those at the Najera Law Group, APC, can provide you with sound legal defense options that can help minimize the impacts of your case.

A Riverside criminal defense lawyer will start by looking at all the facts of the case to be sure that all your rights have been protected. They will then work with expert analysts to examine your case and determine if there were self-defense or accidental circumstances involved. Then, looking through the reports, they will ensure all evidence was obtained properly. These are just a few examples of the many ways homicide charges can be reduced or dismissed.

Charged With Homicide in Riverside, California?

If you are facing criminal charges for any form of homicide, contact the Najera Law Group, APC as soon as possible. The sooner you have an expert criminal defense attorney on your side, the sooner you can start your defense. Homicide cases may carry great weight, but a great attorney will help you carry it. Contact our offices today and let us get to work for you.