Law Offices of Virginia L. Landry Articles Homicide Charges in California

Homicide Charges in California

By Virginia L. Landry  Jan. 21, 2011 4:45p

Murder is defined as the unlawful killing of another human being with intent or malice aforethought. It is the elements of "intent" and "premeditation" that distinguish murder from manslaughter. First degree murder involves the components of intent and premeditation, whereas second degree murder involves the "intent" to kill, however lacks the element of "premeditation." It is the premeditation that sets first degree murder apart from second degree murder. The punishment for first degree murder in California is 25 years to life.

Manslaughter on the other hand, is a less serious offense than first and second degree murder. Manslaughter is a form of homicide which lacks malice aforethought. Voluntary Manslaughter is an intentional killing which occurred due to an adequate provocation or out of self defense. The punishment for voluntary manslaughter is 3 to 11 years in state prison.

Involuntary Manslaughter is an accidental killing that occurred during the commission of a misdemeanor or as a result of gross negligence. Punishment for involuntary manslaughter is two to four years in a state prison. Vehicular Manslaughter is the unintentional act of killing another human being during the commission of an unlawful act while driving a motor vehicle. The punishment is 1 to 10 years in prison.

Defense against Murder and Manslaughter Charges

If you have been arrested, or are under investigation for homicide charges in Irvine or the surrounding areas, it is vital that you seek representation from a skilled and knowledgeable Irvine criminal defense attorney right away. There are varying degrees of homicide charges, as well as a wide range of penalties depending on the conviction. Whether you are guilty or not, or if you have been falsely accused, you must seek the advice of an attorney immediately. At The Law Offices of Virginia L. Landry, we have over 30 years experience successfully defending clients in Southern California who have been charged with murder and manslaughter. Having a strong criminal defense attorney on your side can make all the difference in the final outcome of your case.

Contact a Irvine Murder Attorney at our firm immediately for a free case evaluation if you have been charged with murder or manslaughter.

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