Homicide Defense in San Diego County

What You Need to Know About Murder Offense Under Penal Code (PC) 187

PC 187 defines murder as the unlawful killing of another person with malice aforethought. Depending on the nature and facts of your unique case, the prosecutor could file your PC 187 charge as first-degree or second-degree murder. Explained below are the differences between first-degree murder and second-degree murder, respectively:

First-Degree Murder

According to PC 189a, first-degree murder is the unlawful killing of another person that is premeditated, willful, and deliberate. Other issues that can harshen your homicide charges to the first-degree level include the following:

• Using explosives or any weapon of mass destruction to kill a person.
• Using poison to kill a person.
• Torturing a person before killing him/her.
• Discharging a firearm from a vehicle causing the death of another person.

The prosecutor could also file PC 189a charges against you if the murder occurred while committing another felony offense, such as:

• Rape.
• Carjacking.
• Burglary.
• Robbery.
• Kidnapping.
• Drive by shooting.
• Violent sex crimes.

If the prosecutor files PC 189a charges against you, your penalties upon conviction could be life-changing. The sooner you contact an attorney if you are under investigation as a suspect in a murder case, the higher your chances of securing a favorable outcome, including a lighter sentence or case dismissal.

Like any other criminal offense, the prosecutor must prove specific facts beyond a reasonable doubt before a judge or jury to secure a conviction against you under PC 189a. Some of the factors the prosecutor must prove to secure a PC 189a violation conviction against you include:

• You committed an act that led to the death of another person.
• You did the act deliberately, willfully, and with premeditation.
• You had no lawful justification or excuse to do so.

To prove your acts were deliberate and premeditated, the prosecutor can argue that:

• You created the escape plan or route before the offense.
• You created the plan to kill the person (victim).
• You waited for the victim to kill him/her.
• You collected weapons used to kill the victim.

When proving that you did not have the justification to kill the victim, the prosecutor can argue that you were not intoxicated, insane, mentally impaired, or acting in self-defense. If the prosecutor secures a conviction against you, your penalties could include:

• Up to twenty-five (25) years to life in prison.
• Life in prison without the possibility of probation or parole (LWOP).
• Death.

The severity of the penalties you will receive upon a PC 189a violation will depend on the facts of your unique case. If you are guilty of a capital crime, like terrorism, espionage, or treason, your punishment could include:

• Death.
• Life in prison.

Second-Degree Murder

PC 189b defines second-degree murder as any murder or homicide that does not qualify as first-degree murder. To secure a conviction against you for a PC 189b violation, the prosecutor must prove the following:

• You committed an act that caused the death of another person.
• You did so with malice.
• You had no lawful justification or excuse to kill the person.

Unlike first-degree murder, the prosecutor does not have to prove that your acts were premeditated to secure a conviction against you for a PC 189b violation. Below are examples of acts that could attract PC 189b charges:

• Discharging your firearm in a crowded room and killing a lady.
• Brutally sucker-punching a man, causing him to suffer a deadly head injury.
• Causing an accident that kills another person, and you have multiple DUIs on your record.

If you are guilty of a PC 189b violation, your sentence could include up to fifteen (15) years to life in prison. However, under certain circumstances, this jail sentence could increase. For example, a PC 189b violation conviction could attract:

• Up to twenty-five (25) years to life behind bars if the victim was a peace officer.
• LWOP if you have a murder conviction on your criminal record.

Understanding Manslaughter Offense Under PC 192

According to PC 192, you commit manslaughter offense when unlawfully but unintentionally kill another person. The main difference between murder and manslaughter lies in whether the defendant had malice aforethought or not. Unlike a murder charge under PC 187, you could be guilty of manslaughter even if you did not have malice aforethought or intent to kill the victim.

Depending on the facts of your case, the prosecutor could file any of the following types of manslaughter charges against you:

1. Voluntary Manslaughter

If the prosecutor does not have sufficient evidence to secure a murder charge conviction against you, he/she will most likely file voluntary manslaughter charges against you. According to PC 192, voluntary manslaughter is illegal but intentional killing of another person without malice aforethought. The killing could occur:

• In the heat of passion.
• During a sudden provocation or quarrel.
• Because of an unreasonable but honest belief that you need to use lethal force to defend yourself.

Below are examples of acts that could attract voluntary manslaughter charges:

• Finding your wife kissing another person in the kitchen and stabbing him with a knife in the chest in a sudden rage.
• Unnecessarily using deadly force when defending yourself during a bodily alteration (imperfect self-defense).
• Aiding suicide, even though the victim consented to the help.
• Killing someone you unreasonably believe is a danger to your child.

Generally speaking, most voluntary manslaughter cases involve quarrels or heat-of-passion killings where a person is provoked or feels betrayed. If you are guilty of voluntary manslaughter, the court could decide to:

• Grant parole with not more than one year of county jail time.
• Deny parole and sentence you to three (3), six (6), or eleven (11) years in the state prison.

To convince the court to award the minimum sentence upon a conviction for a PC 192 violation, your attorney could raise the following mitigating arguments:

• You do not have a criminal history.
• You are a cooperative defendant.
• Any person in the same circumstances would have acted or responded the way you did.

2. Involuntary Manslaughter

PC 192b defines involuntary manslaughter as the illegal killing of another individual through criminal negligence or recklessness. Below are the facts the prosecutor must prove at trial to secure a conviction against you under PC 192b:

• You committed a felony, misdemeanor, infraction, an act that is inherently dangerous, or a legal act in an illegal way.
• You committed the act or crime with recklessness or criminal negligence.
• Your actions or behavior caused another person’s death.

For the sake of this law, “criminal negligence” is an act that any reasonable and sober individual would know could cause a severe bodily injury or death of another person. Below are a few examples of acts that could attract involuntary manslaughter charges under PC 192b:

• During a physical fight with her boyfriend, a lady retrieves a pistol to threaten him, but she accidentally presses the trigger, killing the boyfriend.
• While texting with the phone while driving, Paul runs over a pedestrian on a sidewalk, killing her on the spot.

When the prosecutor wins the case, meaning he/she has sufficient evidence to prove the above facts beyond a reasonable doubt, you should expect the following sentence:

• Two, three, or four years of jail time.
• A fine amounting to up to $10,000.
• Felony probation.

While the penalties for a PC 192b violation conviction are less harsh than those of a murder charge conviction, they can significantly affect your life. However, an arrest as a suspect in an involuntary murder case does not mean a conviction is inevitable.

With the help of a skilled attorney, you can secure a dismissal of the murder case or a lighter charge with less harsh penalties.

Other Collateral Consequences of a Conviction Under PC 187 or PC 192

In addition to the above-mentioned legal penalties, a murder charge or manslaughter charge conviction could attract other collateral consequences that could negatively affect the quality of your life. Examples of these collateral consequences include (but are not limited to) the following:

• Inclusion in the sex offender registry if the murder occurred while committing or attempting to commit a sexual-related offense, like sodomy or rape.
• Loss of firearm ownership rights.
• Pay restitution to the surviving family members.
• A strike under the three strikes law.
• Challenges securing reliable employment due to the criminal record.
• Revocation of your professional licenses.

How Your Attorney Can Challenge Manslaughter and Murder Charges

Being under arrest or investigation as a suspect in a murder or manslaughter case can be confusing, but that does not mean you are guilty of the offense. With the help of an attorney, you could secure dismissal of the case or a lighter sentence.

Since every case is unique, your attorney will investigate your case to determine the appropriate defenses to use to challenge the allegations you are up against for the best possible outcome. Below are some of the common defenses most defense attorneys use to challenge manslaughter or murder charges:

You Were Acting in Self-Defense

According to PC 187, you have a right to use reasonable force to prevent yourself or your loved ones from imminent danger of sustaining a severe injury, being raped, robbed, maimed, or killed.

The Killing Was Accidental

Arguing that the killing of the victim was an accident is a viable defense when charged with murder offense under PC 187. The court could accept this defense argument if your attorney can prove that:

• You did not have criminal intent to cause harm.
• You were not negligent.
• Your actions were lawful at the time of the killing.

You Were Insane at the Time of the Killing

Insanity is a viable defense in criminal cases. If your attorney can argue that you were insane at the time of the killing, meaning you did not understand the nature of your actions, the court could drop or reduce your charges.

You Were Forced or Coerced to Confess by the Police

It is unlawful for police officers to force arrestees to give involuntary confessions. If the police force or coerce you to confess, the court could exclude the confession from the evidence the prosecutor has against you. That means the prosecutor cannot use the confession to secure a murder charge conviction against you.

You are a Victim of Unlawful Search and Seizure by the Police

The court could allow the police to conduct searches on the properties of murder suspects, but there are limits to the search and seizure under the Fourth Amendment of the Constitution. Every person has a constitutional right to be free from illegal or warrantless searches and seizures by the police.

When the arresting offices cross this line, your attorney can request the court to exclude the evidence obtained illegally from your case by filing a motion to suppress evidence under PC 1538.5. If the court grants this motion, the unlawfully obtained evidence the prosecutor has against you will become inadmissible.

That means he/she cannot use the evidence to secure a murder charge or manslaughter charge conviction against you.

You are a Victim of Mistaken Identity

Mistaken identity issues are not uncommon in murder and manslaughter cases. Unfortunately, without proper legal representation, a mistaken identity issue can make the prosecutor secure a wrongful conviction for a crime you did not commit.

An eyewitness could mistakenly identify you as a suspect in a criminal case if he/she is intoxicated, stressed, or perhaps because you are from a different race. If your attorney can provide sufficient evidence to prove you are a mistaken identity victim, the court will most likely dismiss your murder or manslaughter case.

The Prosecutor’s Evidence Against You is Insufficient

Like any other criminal case, the court cannot convict you of a murder or manslaughter charge if the prosecutor does not have adequate evidence to support his/her case against you. Therefore, it is a viable defense to argue that the prosecutor’s evidence is weak to secure a murder or manslaughter charge conviction against you.

Generally speaking, having well-planned defenses is crucial because the sentence of a murder or manslaughter charge conviction is harsh and life-changing. After keenly scrutinizing all the facts of your case and listening to eyewitness accounts about the case, your attorney will know the best defense arguments to use on your case to secure the best possible outcome, including a lighter charge or dismissal of the entire case.

How an Attorney Can Help If You Are Under Arrest or Charged With Murder or Manslaughter Offense

Undoubtedly, you cannot overlook an attorney’s pivotal role in navigating the legal complexities of a murder or manslaughter case. The attorney you will decide to hire if you are under arrest or charged with murder or manslaughter offense can help with the following:

Evaluating the Strength and Weakness of the Prosecutor’s Evidence Against You

To prepare the best defenses unique to your case, your attorney must thoroughly evaluate the evidence the prosecutor has to find its strengths and weaknesses. Doing that will help your attorney know the appropriate evidence to apply when challenging the allegations you are up against at trial to secure the best possible results.

Introducing Expert Witnesses to Help Strengthen Your Defense Arguments

Employing experts in psychology, forensics, and other fields to give their testimony or accounts about the murder or manslaughter case can work in your favor to secure a desirable outcome.

Negotiating Favaroble Plea Deals

Although it depends on the facts of your case, negotiating with the prosecutor to reduce your murder or manslaughter to a lighter offense charge in exchange for a guilty plea could be a wise idea to avoid the uncertainty of a trial.

Negotiating a favorable plea deal is a wise idea if the evidence the prosecutor has against you is overwhelming, meaning there is a high chance he/she could secure a murder charge conviction against you.

Challenging the Prosecutor’s Evidence Against You at Trial

If negotiating a favorable plea deal is not a choice, your attorney should be ready to challenge the murder or manslaughter allegations you are up against at trial. By cross-examining eyewitnesses and presenting compelling arguments at trial, your attorney can help convince the court to drop or reduce the charges you are up against.

The attorney you will choose if you are under arrest or investigation as a suspect in a murder or manslaughter case can mean the difference between incarceration and dismissal of the entire case. Ensure the attorney you choose for legal representation is skilled, reputable, experienced, and licensed for aggressive legal representation to secure the best possible outcome.

Offenses Related to Murder and Manslaughter Offenses

If the prosecutor’s evidence is insufficient to secure a conviction against you under PC 187 or PC 192, he/she could file a related offense against you. The following crimes are related to murder and manslaughter offenses because they involve the unlawful killing of another person:

Gross Vehicular Manslaughter While Intoxicated

You commit the offense of gross vehicular manslaughter while intoxicated when you cause a fatal accident while driving under the influence of drugs or alcohol and with gross negligence. A conviction for a PC 191.5 violation will attract a fine of up to $10,000 and a jail term not exceeding ten (10) years.

With the help of your attorney, the judge could award you felony probation to avoid serving your sentence behind bars. In addition to these legal penalties, the Department of Motor Vehicles (DMV) could revoke your driver’s license upon a PC 192.5 violation conviction.

Involuntary Vehicular Manslaughter

The offense of involuntary vehicular manslaughter is almost similar to involuntary manslaughter. The difference lies in the actions that led to the death of another person. According to PC 192c, you commit the crime of involuntary vehicular manslaughter when you drive negligently or violate a traffic law, causing an auto accident that kills a person.

If the prosecutor secures a PC 192c violation conviction against you, your sentence could include up to four (4) years of jail time.

Attempted Murder

According to Penal Code Section 664/187(a), when you intentionally take a direct step to kill another person or fetus, but he/she does not die. A direct step means you had the criminal intent to kill another person, even if your plan was unsuccessful due to an outside circumstance.

For example, when you poison your wife to death, but he/she does not die, the prosecutor can file attempted murder charges against you.

If you are guilty of attempted murder, you will receive half of the sentence you would receive for murder (completed offense). An attempted first-degree murder charge conviction will attract life imprisonment. When the prosecutor files an attempted second-degree murder charge against you, a conviction at trial could attract a jail term of five (5), seven (7), or nine (9) years in the state prison.