California laws recognize different types of homicide. People can face multiple types of murder charges in the most serious cases.
State prosecutors can also prosecute people for manslaughter offenses. While both murder and manslaughter may lead to felony charges, serious criminal penalties and a lifetime record of a violent conviction, murder is the more serious of the two offenses. How do state prosecutors determine whether a murder or manslaughter charge is more appropriate in a homicide case?
Intent is the key factor for a murder charge
For California prosecutors to bring a murder charge, they must establish not just that the defendant caused a death but that they acted with “malice aforethought” or criminal intent. They must show that the party accused of murder intended to deprive the other party of their life. Prior planning is not always necessary, although it can be an important requirement in a first-degree murder case.
Manslaughter involves a homicide without actual intent to kill. Some people face involuntary manslaughter charges for causing deaths through negligent behavior. People who unintentionally cause deaths during non-felony crimes may also face involuntary manslaughter charges.
Others might face voluntary manslaughter charges if their case constitutes a crime of passion. The state can also pursue vehicular manslaughter in cases where people cause deadly crashes due to negligence or intoxication.
Learning more about the factors that govern the charges brought in criminal court can help those charged with homicide offenses begin developing defense strategies. Legal guidance early in a homicide investigation can help people protect their rights and present their case.
