When someone loses their life due to the actions of another, the immediate reaction from the public and media is often to label the incident as “murder.” However, under California law, the legal term for the killing of a person by another is “homicide,” which is a broader category that includes both criminal and non-criminal acts. Not all homicides are murders. Some may be justifiable, excusable, or fall under other categories like manslaughter. The difference between these terms is not just technical — it carries major legal consequences, including the potential penalties, the charges filed, and the available defenses. For anyone facing a serious accusation related to the death of another person, understanding this distinction can be the first step toward protecting their rights and their future.
What Is Homicide in California?
Homicide refers to the killing of one human being by another. Under California law, not all homicides are crimes. Some are considered lawful, such as when someone kills in self-defense, while others are categorized as criminal acts — typically murder or manslaughter. The California Penal Code lays out the legal framework for these offenses, primarily under Penal Code § 187 (Murder) and Penal Code § 192 (Manslaughter).
Murder vs. Homicide: Key Legal Distinctions
The primary difference between homicide and murder is intent and circumstance. Homicide is the general act of one person killing another. Murder, on the other hand, is a specific type of criminal homicide that involves “malice aforethought,” which generally means there was an intent to kill or a conscious disregard for human life.
Murder (California Penal Code § 187)
Under California law, murder is defined as the unlawful killing of a human being, or a fetus, with malice aforethought. Murder is divided into degrees:
First-Degree Murder
First-degree murder involves a killing that is willful, deliberate, and premeditated. This also includes murders committed using specific methods, such as lying in wait, torture, or poison, as well as killings committed during certain felonies (known as felony murder), such as robbery or burglary.
Second-Degree Murder
Second-degree murder includes all other types of murder that are not premeditated but still involve malice. This could involve an impulsive act carried out with reckless disregard for life, such as firing a gun into a crowded space without a specific target.
Penalties for murder in California are severe. First-degree murder typically carries a sentence of 25 years to life in prison, and second-degree murder carries 15 years to life. Special circumstances, such as killing a peace officer, can result in life without parole or even the death penalty (although California currently has a moratorium on executions).
Manslaughter (California Penal Code § 192)
Manslaughter is a lesser form of criminal homicide, defined as the unlawful killing of a person without malice. It is further broken down into three categories:
Voluntary Manslaughter
Occurs during a sudden quarrel or in the heat of passion. There is intent to kill, but it happens under circumstances that may reduce the moral blameworthiness, such as provocation.
Involuntary Manslaughter
This involves an unintentional killing that results from criminal negligence or an unlawful act that is not a felony. For example, mishandling a firearm and accidentally shooting someone could result in involuntary manslaughter charges.
Vehicular Manslaughter
Applies when a person causes the death of another while operating a vehicle, either through gross negligence, reckless driving, or during the commission of a traffic infraction.
Penalties vary depending on the type of manslaughter, but they can range from probation to up to 11 years in state prison.
Justifiable and Excusable Homicide
California law also recognizes situations where a killing is not a crime at all. These fall under justifiable or excusable homicide.
This includes acts committed in:
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Self-defense or defense of others when faced with an imminent threat of death or great bodily harm
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Defense of a home or property against certain felonies
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Law enforcement officers acting within the scope of duty
Excusable Homicide
Applies when a killing occurs by accident, during a lawful act, and without criminal intent or negligence. For example, a fatal car accident caused by an unforeseeable mechanical failure may be considered excusable.
In both situations, the accused may still be arrested or prosecuted, but a strong legal defense can lead to dismissal or acquittal if the homicide is proven to be lawful.
Why the Distinction Matters
The legal classification of a homicide has a major impact on your case. It determines:
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Whether you’re facing life in prison or probation
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Whether bail is available
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What defenses are viable
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How prosecutors negotiate plea deals
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What jury instructions are given at trial
Each case is unique and fact-specific, which is why early legal intervention is crucial.
Common Client Questions
Is every killing considered murder in California?
No. Many killings are classified as manslaughter or are not criminal at all if they meet the legal standards for justification or excuse.
Can I be charged with murder even if I didn’t mean to kill anyone?
Yes. In cases involving extreme recklessness or implied malice — such as knowingly driving under the influence and causing a fatal crash — you could face murder charges.
What if I acted in self-defense?
Self-defense is a legal justification for homicide in California, but you must prove that your belief in the need to use deadly force was reasonable under the circumstances.
What to Do If You’re Facing Homicide Charges in California
If you or someone you know is under investigation or has been charged with homicide in California, do not speak to law enforcement without legal counsel. Even seemingly innocent explanations can be used against you.
Instead, contact a qualified criminal defense attorney immediately. You need someone who understands the nuances between murder, manslaughter, and justifiable homicide — and who knows how to navigate California’s legal system effectively.
Facing Homicide Charges in California? Contact Southwest Legal Today.
At Southwest Legal, we focus on defending individuals accused of homicide, including cases involving self-defense, accidental deaths, and complex legal scenarios that require a strong and experienced defense strategy. We understand the gravity of these charges and are committed to protecting your rights, your freedom, and your future. If you or a loved one is facing allegations related to a homicide, don’t wait. Call us today for a confidential consultation.
