Homicide vs. Manslaughter: Legal Distinctions Explained
Charges of killing another person can leave most people stressed and uncertain of what lies ahead.
Many people feel unclear on the degree and severity of their charges and do not understand the legal ramifications of a charge of homicide versus manslaughter.
Working with a reliable and experienced homicide and manslaughter defense attorney will help create the best defense possible for your case while protecting your rights throughout the legal process.
Our dedicated attorneys at Rodriguez Law Group provide strong and dependable defenses for our California clients. Contact us today at (213) 995-6767 for your free and confidential initial consultation with our well-respected and experienced team of homicide defense attorneys.
What Is the Difference Between Homicide and Manslaughter?
Many people do not understand the differences and severities between homicide and manslaughter charges.
Homicide
Homicide is the all-encompassing term for the killing of another person, whether the perpetrator caused an intentional, unintentional, or premeditated death, in the heat of passion, or with or without malicious intent.
Manslaughter
- Manslaughter is a form of unlawful killing.
- Chapter 51 from Title 18 of the United States Code (18 USC Ch 51) defines manslaughter as the unlawful killing of a person without malice.
- The Code further outlines two types of manslaughter.
Voluntary Manslaughter
- Voluntary manslaughter typically occurs in the heat of passion or amidst a sudden argument.
- The maximum sentence for federal voluntary manslaughter is 15 years.
Involuntary Manslaughter
- Involuntary manslaughter happens when an unlawful or lawful act results in the death of a person.
- The maximum federal sentence for involuntary manslaughter is eight years.
- If you or your loved ones face homicide charges in California, contact our team today for your free consultation with one of our dedicated homicide defense attorneys.
Is Murder Considered Different from Homicide or Manslaughter?
Similar to manslaughter, murder is another form of killing that falls under homicide.
According to the United States Code 18 USC Ch 51, murder is the unlawful killing of a person with premeditated malice.
The California Penal Code defines malice as either express or implied. Express malice occurs when there is a deliberate intention to unlawfully murder a person.
Implied malice occurs when no apparent considerable provocation results in the death, or the circumstances surrounding the killing demonstrate an abandoned and malignant heart.
First-Degree Murder
The 18 USC Ch 51 further identifies multiple scenarios that classify as first-degree murder:
- Murder done through poisoning, lying in wait, or any other type of willful, intentional, malicious, and premeditated killing
- Murder committed while committing or attempting to commit arson, an escape, kidnapping, espionage, treason, sabotage, child abuse, sexual abuse, robbery, or burglary
- Murder committed during the assault or torture of a child
- Murder committed in a premeditated and malicious manner that affects the death of a person in addition to the one intended to kill
The federal punishment for first-degree murder is either death or imprisonment for life.
California sets the state punishment for first-degree murder as death, life imprisonment without the possibility of parole, or imprisonment for 25 years to life.
If a person commits first-degree murder as a hate crime, California will punish them with life imprisonment without the possibility of parole.
Second-Degree Murder
According to 18 USC 51, second-degree murder is any murder that does not constitute first-degree murder.
The punishment for a federal second-degree murder charge is imprisonment, including a life sentence.
The California Penal Code details more specific punishment criteria based on the circumstances surrounding the second-degree murder:
- The minimum punishment for any person convicted of second-degree murder is imprisonment for 15 years to life.
- If a person is found guilty of second-degree murder of a peace officer, punishments increase from either a minimum sentencing of 25 years imprisonment to life imprisonment without the possibility of parole, depending on the circumstances surrounding the killing of the peace officer.
- If a person shoots a firearm from a motor vehicle and intentionally kills a person outside of the vehicle, the punishment for being found guilty of second-degree murder is imprisonment for a term of 20 years.
Prior offenders for murder in either the first or second degree who then commit second-degree murder in California face life imprisonment without parole or 15 years to life, depending on the circumstances surrounding both the first and second offenses.
If you or your loved ones face either first-degree or second-degree murder charges, call our compassionate team at Rodriguez Law Group today. Let us help you build a strong defense for your case.
What if I Committed Homicide as an Act of Self Defense?
Killing another person in an act of self-defense is often terribly traumatic and distressing. Many people frequently worry they may face a homicide conviction.
According to the California Penal Code, the state considers homicide justified under the following circumstances:
- When a person is resisting an attempted murder, felony, or significant bodily injury
- When a person is in defense of a person, property, or habitation against another person who intends, by either violence or surprise, to commit a felony or who intends to violently enter the habitation of another person to cause violence
- When a person is in lawful defense of themselves or of a spouse, parent, child, employer, employee, or another person when there is reasonable ground to apprehend a person who presents danger and intends to commit a felony or cause bodily harm, and that person had attempted in good faith to end any escalation of struggle before the homicide was committed
- When a person lawfully apprehends a person who committed a felony, in suppressing a riot, or in keeping and preserving the peace
Contact our team of diligent lawyers at Rodriguez Law Group today if you or your loved one committed homicide in self-defense.
How to Avoid Common Mistakes After Being Charged With Killing Another Person in California
Most people and their loved ones usually do not fully understand the severity of homicide or manslaughter charges. They don’t know how to build a strong defense.
The proper steps after a homicide arrest in California will help protect your rights.
Do Not Accept the Initial Offer
Do not accept any offers from the prosecution’s team after authorities arrest and charge you with killing another person.
Prosecution teams often use strategic tactics to intimidate defendants and persuade them to plead guilty to their charges and accept the prosecution’s first offer.
Do not accept the initial offer by succumbing to the prosecution’s pressure, you put yourself at a legal disadvantage that could hurt your case. This could lead to more severe penalties.
Work With an Attorney
Find the help of a reliable and well-versed homicide defense attorney in California immediately. An experienced legal team will protect your rights during this challenging and stressful time. An assertive and trustworthy team of attorneys will build a strong defense in your case.
They will thoroughly investigate and study all aspects of your defense, including:
- Correctly identifying the degree of your charges
- Determining if there was a violation of your Miranda Rights
- Proving you acted in self-defense when appropriate
Your knowledgeable legal team will work relentlessly for you and your loved ones. They will take the time to explain all the charges being brought against you and ensure you understand what allegations you are facing.
Your attorneys will advocate and negotiate on your behalf to try and reduce the legal repercussions imposed upon you for your charges, including the degree of the charges, the classification of the homicide, and the length of any imprisonment.
Contact our team today for your free consultation.
Why Choose Rodriguez Law Group for My Homicide or Manslaughter Case in California?
An established and experienced California homicide defense attorney will set you up for the best possible results for your case.
Ambrosio E. Rodriguez founded Rodriguez Law Group to give his Los Angeles community a powerful and assertive defense option.
Mr. Rodriguez spent 13 years working tirelessly as Senior Deputy District Attorney and earned 20 years of experience in criminal defense. His years working as a prosecutor have given him invaluable knowledge of how to build an aggressive defense against Los Angeles prosecutors.
Mr. Rodriguez’s legal experience is well-respected nationwide, and he has been regularly featured in national news interviews to demonstrate his skillset on relative matters.
Our attorneys at Rodriguez Law Group will fight unwaveringly in your defense to advocate for your rights and protect your freedom throughout your entire case.
Our firm has a team of English, Spanish, and Arabic-speaking attorneys to better serve the larger Los Angeles community.
We also offer a virtual consultation option to make our team more accessible to your needs.
The unyielding team of reliable attorneys at Rodriguez Law Group has a successful track record of defending thousands of cases for their local community.
We have experience successfully negotiating down plea bargains and getting certain cases dismissed.
Previous clients of Rodriguez Law Group regularly share their gratitude with our team for our successful defense of their cases.
- Our recent client, Danny, expressed how worried he was about finding a well-experienced lawyer for his son’s defense case. He was relieved by his experience working with Rodriguez Law Group and beyond pleased with the timeliness of his family’s case resolution.
- Joselyn felt lucky to have found our team of experienced attorneys. We maintained clear and consistent communication throughout her case, making the process smooth and seamless for her and her family.
- Karla was pleased with how simple and easy we made the defense process for her.
Call us today for your free consultation with one of our trusted team members and find out how we can help you.
Work With a Dependable Homicide Defense Attorney
People often feel overwhelmed after authorities arrest and charge them with killing another person. They don’t know what to do next to defend themselves against these severe and life-changing charges properly.
A dependable and well-respected homicide defense attorney will protect your rights and prepare the best defense for your case.
The distinguished attorneys at Rodriguez Law Group are passionate about helping their California community with homicide defense cases.
Our diligent team will work relentlessly on your case to bring you the best results possible, easing the stress of you and your loved ones during your difficult times.
Our Los Angeles office is conveniently located downtown at the corner of Wilshire Boulevard and South Hope Street. We are just a few blocks from Pershing Square, Maguire Gardens, and the Los Angeles Central Library.
Contact us today at (213) 995-6767 for your free and confidential initial consultation with our skilled and knowledgeable team of homicide defense attorneys.
Our Locations
Los Angeles Office 626 Wilshire Blvd Suite 460 Los Angeles, CA 90017
