OVERVIEW OF HOMICIDE IN CALIFORNIA

  • Penal Code 187 PC- (MURDER)  is defined as “the unlawful killing of a human being, or a fetus with malice aforethought.” This means that the defendant had the criminal intent to kill or usually has no regard for human life.

  • Penal Code 192 PC -Manslaughter is the unlawful killing of a human being without malice.

  • Penal Code 192(b) PC -(INVOLUNTARY MANSLAUGHTER) in the commission of an unlawful act, not amounting to a felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. This subdivision shall not apply to acts committed in the driving of a vehicle.

  • Penal Code 664/187 PC - Every person who attempts to commit any crime, but fails, or is prevented or intercepted in its perpetration, shall be punished where no provision is made by law for the punishment of those attempts, as follows:

 

CAPITAL MURDER -Capital murder in California is murder with “special circumstances.” There are nearly two dozen scenarios that may result in a capital murder charge, such as murder committed during the commission of a hate crime, murder for financial gain, murder of a witness to prevent testimony, and murder to benefit a street gang.