What Are the Types of Murder Charges in California?
Under California law, if someone dies due to the actions of someone else, the latter may be charged criminally. And getting charged with murder is nothing to take lightly. Read on to learn about different types of murder charges in California.
Introduction
Murder is a violent felony and can come with some pretty harsh penalties. The penalties can be even heavier for those with a criminal record. If convicted, there is almost a guarantee that time will be spent in a maximum-security prison. But not all murder cases are treated equally because there are different types, each with its own specifications and penalties.
Let’s take a closer look.
Types of Murder Charges in California
There are three distinct murder charges, including first-degree murder, second-degree murder, capital murder, felony murder, and attempted murder. As you learn about each of these, keep in mind that there are many different circumstances that go into the penalty. Therefore the penalty listed for each is a very broad-case scenario.
First Degree Murder
First-degree murder is a charge in California that involves the killing of someone that is deliberate, willful, and premeditated. It may also include the following:
- Explosive devices, poison, weapons of mass destruction, armor-piercing ammunition, and the like
- Torturing the person that was killed
- Committing a specific type of felony when the death occurred.
The current penalty for first-degree murder is 25 years in state prison. If this is a hate crime, the charge can be life in prison without parole, depending on the judge.
Second Degree Murder
Second-degree murder involves killing another person who was willful yet not premeditated or deliberate. It may be intentional, but it wasn’t something that was planned.
These often stem from felonies that put someone else at great risk of being killed. For instance, intentionally shoving someone onto the floor where they hit their head and die. Or shooting a gun into the air, and the bullet hits someone and kills them.
The current penalty for second-degree murder in California is 15 years to life.
Capital Murder
Capital murder involves special circumstances. There are many to name, but for instance, they include murder that happens for financial gain, murdering a witness or public servant, murder as part of a street gang, and so on.
Capital murder carries a penalty that varies but can be as much as life in prison without parole and even the possibility of capital punishment.
Attempted Murder
Attempted murder is a charge that doesn’t involve the death of someone, but that is only because the murder was not successful. This charge can come even if no one was actually harmed during a crime, but if the intention is there and a total disregard for life, then a charge of attempted murder can be made. Various circumstances may leave a person charged with first-degree attempted murder or second-degree attempted murder. The latter being the lesser of the two.
The current penalty for attempted murder will depend on the charge. First-degree attempted murder can come with a penalty of 5, 7, or 9 years in prison. Second-degree attempted murder has a penalty of 2, 3, or 4 years in prison.
The Difference Between Murder and Manslaughter
Although they both are the result of a life that was lost, the two terms, murder and manslaughter, mean two different things. It is always a good idea to know the difference as it pertains to the laws in California.
Manslaughter involves charges for someone who killed someone else – without the intent of killing them. Manslaughter charges are commonly found in automobile crashes, for example. Those driving recklessly or under the influence who have an accident and kill another person didn’t set out to do so, but their poor actions led to someone losing their life.
There are three types of manslaughter charges, voluntary manslaughter, involuntary manslaughter, and vehicular manslaughter.
Voluntary manslaughter
The willful and deliberate killing of another human being without any premeditation. In other words, acting in the heat of the moment, so to speak.
Involuntary manslaughter
Killing due to the lack of care or regard for another’s life. No felony is committed and there is no intention but just no concern for life.
Vehicular manslaughter
As its name suggests, vehicular manslaughter involves killing another person while driving due to non-felony behavior. This may be done by intentionally causing an accident (not intending someone to die) or behaving recklessly.
Murder is different. It involves having malicious intent to take someone’s life. There are varying degrees as to how much of this intention was involved. Of course, the penalties for murder are always heavier than those for manslaughter.
SB 1437 and Proving Intention
Murder charges in California now fall under a new law, thanks to Senate Bill 1437. This new law makes it more difficult for someone to face the harsh consequences of different types of murder if it really was not their intention. For instance, under the previous law, if someone died while the convicted committed a felony, they could be charged with first-degree murder – even if the death was never part of the plan.
SB 1437 works to reduce accomplice liability for felony murder. It states that the individual must commit a felony, intend to commit a felony, or play a major role in a felony. It goes on to say that the individual must also kill a person, act recklessly toward human life, aid and abet in first-degree murder, or an on-duty police officer is killed as a result of the felony.
Don’t Speak – Hire a Lawyer
If you have been charged with any of these types of murder, remember that anything you say can be used against you. So don’t speak until you hire a lawyer. An experienced criminal defense attorney in your area will be your best choice for protecting your rights to a fair trial and, if possible, getting the charges and/or sentence reduced.
From putting together an incredible defense to showing up using the right tactics to fight the prosecution, having the right attorney is a must when you are facing a charge of types of murder, regardless of the type.
The rest of your life is at stake – so don’t take the risk.
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