Manslaughter vs. Murder: What is the Difference?
Both manslaughter and murder in California refer to unlawfully killing another person. People hear these two terms all the time, particularly on television and in the movies. In California, the two terms have significant differences in terms of circumstances, intent, and the severity of penalties for those convicted. If you or a loved one is facing criminal charges, it is essential that you know the differences between these two offenses. Below, our San Diego homicide defense lawyer explains in further detail.
The Definition of Murder in California
The California Penal Code defines murder as the unlawful killing of another person with ‘malice aforethought.’ The term ‘malice aforethought’ refers to the fact that the killing was premeditated, intentional, or done with no regard for human life. There are two categories of murder in California and they are as follows:
- First-degree murder: First-degree murder occurs when a person intentionally plans or premeditates a murder or there are specific circumstances involved, such as using explosives, lying in wait, or killing during the commission of a felony. The offense is punishable by 25 years to life in prison or life without parole.
- Second-degree murder: Intentional killings that were not planned or premeditated but still involve maliciousness are classified as second-degree murder. The penalty for second-degree murder is 15 years to life in prison.
The Definition of Manslaughter in California
Manslaughter, like murder, is also defined as the unlawful killing of another person. However, unlike murder, manslaughter does not involve malice forethought. In other words, the killing was not premeditated or intentional. Instead, the killing was a result of reckless actions or sudden provocation. When a person is killed due to sudden provocation, it is also known as a ‘heat of passion’ killing, which is also considered manslaughter. Manslaughter is divided into three categories and they are as follows:
- Voluntary manslaughter: Voluntary manslaughter is usually a heat of passion killing. While the intention to kill exists, it occurs in response to circumstances that would cause a reasonable person to act irrationally. Voluntary manslaughter is punishable by up to 11 years in state prison.
- Involuntary manslaughter: Involuntary manslaughter refers to when a person is killed due to the negligent or reckless actions of another person, but there was no intent to kill. For example, a person who negligently discharges a firearm due to mishandling, causing another person’s death, may be charged with involuntary manslaughter. The maximum penalty for those convicted is four years in state prison.
- Vehicular manslaughter: Vehicular manslaughter is similar to involuntary manslaughter but it occurs when a person is driving a motor vehicle. The penalties vary depending on the degree of negligence and if a crime was being committed at the time.
Manslaughter differs from murder in many ways. Unlike murder, manslaughter does not involve malice forethought, and the penalties are much harsher than they are for murder.
Our Homicide Defense Lawyer in San Diego Can Help
Both murder and manslaughter are some of the most serious charges a person could face. At Anthony Z. Vargas, Esq., our San Diego homicide defense lawyer can review the facts of your case and build the strong defense you need to beat the charges. Call us now at 858-285-4595 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=8.&part=1.&chapter=1.&article
