San Diego Attorney for Murder Charges | The Law Offices of Michael E. Cindrich

Like in every state, homicide is the most serious crime you could be charged with in California. Penalties range from decades in prison, to a life behind bars or even execution. Being faced with these penalties – especially when you are innocent – is a terrifying proposition. Even if you didn’t directly cause someone’s death, you could be accountable for homicide.

Whether you are totally innocent, or have been incorrectly labeled a murderer after a tragic accident, you deserve the best representation in California.

San Diego Lawyer for Homicide Charges

If you have been charged with homicide, manslaughter, or any other crime that results in a person’s untimely death, you must contact an experienced, proven defense attorney immediately.

San Diego Criminal Defense Attorney Michael Cindrich has decades of experience protecting innocent clients from false accusations, and is prepared to fight your murder and homicide charges. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, El Cajon, and San Diego proper.

Contact Michael Cindrich today for a free consultation at (619) 262-2500.

Homicide

Homicide in California is governed by a series of statutes in the California Penal Code, specifically Sections 187 to 199. These laws define the unlawful killing of another person, categorize different types of Homicide, and establish the penalties for each offense.

Section 187 defines murder as “the unlawful killing of a human being, or a fetus, with malice aforethought.” It distinguishes murder from other types of killings based on the presence of malice.
Section 192 addresses manslaughter, which is the unlawful killing of another person without malice. This section includes voluntary, involuntary, and vehicular manslaughter.

First-Degree Murder

First-Degree murder refers to any homicide that is premeditated, or that is committed under certain circumstances. These circumstances include:

Using a destructive device or explosive, a weapon of mass destruction, or ammunition designed primarily to penetrate metal or armor
Lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing
Committing murder in the perpetration of, or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or any act punishable under Section 206, 286, 287, 288, or 289, or former Section 288a
Discharging a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict death.

Second-Degree Murder

According to Section 189(b):

All other kinds of murders are of the second degree.

This includes any illegal attempts or acts to terminate a pregnancy, including specifically when said termination was not consented to by the pregnant person.

Key Terms in Homicide

Understanding the key terms in California’s Homicide laws is crucial for anyone facing charges. Some of the most important terms include:

Malice Aforethought: Defined in Section 188, malice can be express (a deliberate intent to kill) or implied (when someone’s actions show a reckless disregard for human life).
Voluntary Manslaughter: According to Section 192(a), this occurs during a sudden quarrel or in the heat of passion, without prior intent to kill.
Involuntary Manslaughter: Per Section 192(b), this involves killing without intent, usually during an unlawful act that isn’t a felony or during a lawful act done negligently.
Vehicular Manslaughter: Under Section 192(c), this is killing caused by grossly negligent or unlawful driving.
Justifiable Homicide: Outlined in Section 197, this includes killings in self-defense or defense of others when there is imminent danger.

Penalties for Homicide in California

First-Degree Murder (Section 190(a)): Punishable by death, life in prison without parole, or 25 years to life. Special circumstances can, and often do, increase the severity of the sentence.

Second-Degree Murder (Section 190(a)): Typically results in 15 years to life in prison, with enhancements for specific factors like the use of a firearm.

Voluntary Manslaughter (Section 193(a)): Carries a sentence of 3, 6, or 11 years in state prison.

Involuntary Manslaughter (Section 193(b)): Punishable by 2, 3, or 4 years in state prison.

Vehicular Manslaughter (Section 193(c)): Penalties range from 1 year in county jail to up to 10 years in state prison, depending on circumstances.

Enhancements, such as prior convictions or killing a peace officer, can add years to a sentence or result in life without parole.

Related Homicide Charges in California

Voluntary Manslaughter (Penal Code Section 192(a)): A sudden act of violence caused by a provocation, such as a spouse killing their partner during a heated argument.

Involuntary Manslaughter (Penal Code Section 192(b)): A death caused by criminal negligence, such as failing to maintain safety equipment at a worksite, leading to a fatal accident.

Vehicular Manslaughter (Penal Code Section 192(c)): A fatality caused by a drunk driver who loses control of their vehicle.

What are some defenses to Homicide charges in California?

Murder charges are some of the most challenging to defend. If you have been involved in an accident or an incident of self-defense, you need to contact a lawyer immediately. However, if you have been arrested, it isn’t too late. Defense attorneys seek to either find a dismissal of charges based on improper procedure or lack of evidence, or to reclassify the killing as a lesser offence, such as manslaughter instead of murder.

Some specific defenses include:

The Defendant Did Not Act with Malice Aforethought

For murder charges, the prosecution must prove malice aforethought. If the defense can demonstrate that the killing occurred without malice—such as during an emotional outburst provoked by the victim—the charge may be reduced to manslaughter, significantly lessening penalties.

The Defendant Acted in Self-Defense or Defense of Others

California law justifies homicide when a person reasonably believes their life or someone else’s life is in imminent danger. This defense applies if the defendant’s perception of danger was immediate and their response was proportionate to the threat.

The Defendant Was Not Criminally Negligent in an Accidental Death

Accidental deaths can be excused if they occurred without negligence. For example, a tragic death during lawful conduct without any recklessness may lead to dismissal of charges under Penal Code Section 195.

The Defendant Was Falsely Accused

Cases of mistaken identity or false accusations are not uncommon in homicide cases. Many times, law enforcement simply does not have enough evidence to mount a proper investigation, which can result in innocent people being charged with murder.

Mental Impairment or Insanity Negated Responsibility

Under Penal Code Section 1026, individuals who were unable to understand the nature of their actions due to mental illness may argue they are not criminally responsible, potentially avoiding a prison sentence. These cases are increasingly rare, and require a court-certified psychiatrist to prove that the defendant was not, and could not have been, in the right state of mind through no fault of their own.

What are the most common questions about Homicide charges in California?

Defendants often have specific concerns about Homicide charges that set them apart from other criminal cases:

Can I be charged with murder if I didn’t kill anyone? Yes, under the felony murder rule (Penal Code Section 189), individuals can be charged if a death occurs during a felony they participated in, even if they didn’t directly cause it or intend for it to happen.
What happens if the killing was accidental? Accidental killings may result in manslaughter charges (Penal Code Section 192) or no charges at all if the act was excusable under the law.
Does California still have the death penalty? Yes, the death penalty remains a possible sentence for first-degree murder with special circumstances (Penal Code Section 190.2), although executions are currently on hold and have been for some time.
How do Homicide charges differ from other criminal charges? Homicide cases involve complex legal definitions, severe penalties, and heightened scrutiny, often requiring specialized legal expertise.

CALCRIM Jury Instructions on Homicide Cases

In California, homicide cases are evaluated by juries using instructions called CALCRIM. The instructions guide jurors through the legal standards they must apply. They explain the prosecution’s burden to prove the defendant’s guilt beyond a reasonable doubt and outline defenses the defendant might use. These instructions ensure jurors understand the law and apply it fairly when deciding a case.

For defendants, these instructions are a key part of their case. They help jurors see how the law applies to the evidence and highlight defenses that could reduce or eliminate charges. Working closely with a lawyer to ensure the jury receives the right instructions is a critical part of defending against homicide charges.

Felony Murder (CALCRIM 540-549)

The felony murder rule applies when someone dies during the commission of certain felonies, like burglary or kidnapping. A person can be charged with murder even if they didn’t intend to kill, as long as the death was connected to the felony. For instance, in a bank robbery where a bystander is killed, all participants could face felony murder charges.

Provocative Act Doctrine (CALCRIM 560–561)

If someone’s actions lead to another person killing, the original actor can be held responsible. For instance, if a robbery causes a bystander or police officer to kill someone, the robber might face murder charges.

Transferred Intent (CALCRIM 562)

If the defendant meant to kill one person but accidentally killed someone else, the intent applies to the unintended victim.

Attempted Murder and Manslaughter (CALCRIM 600–604)

Attempted murder requires proof that the defendant tried to kill someone intentionally. If they believed (even unreasonably) that they were acting in self-defense, the charge may be reduced to attempted manslaughter.

Additional Resources

California Penal Code Chapter 1, Homicide [187 – 199]
This source is the official text of California Penal Code Sections 187 through 199. It defines various forms of Homicide, including murder and manslaughter, and outlines classifications, penalties, and specific provisions like justifiable and excusable Homicide.

Crime Data by the California Department of Justice
This resource provides crime statistics and analysis from the California Department of Justice. It includes data on Homicide, juvenile justice, hate crimes, and use-of-force incidents. Users can access interactive crime tables, downloadable datasets, and annual reports, offering insights into crime trends and the criminal justice process in California.

Death Penalty Halted in California
This source details Governor Gavin Newsom’s 2019 executive order placing a moratorium on the death penalty in California. It explains the decision to withdraw lethal injection protocols, close the execution chamber at San Quentin State Prison, and highlights issues such as racial bias, wrongful convictions, and costs associated with the death penalty system.

Federal Criminal Resource Manual: Murder Definition and Degrees
This archived resource from the U.S. Department of Justice outlines federal laws on murder, including definitions, degrees, and punishments under 18 U.S.C. § 1111. It also provides procedural guidance for cases where the death penalty may be applicable and explains the division between first- and second-degree murder.

San Diego County Sheriff’s Office: Homicide, In-Custody Deaths, and Officer-Involved Shootings
This resource presents data and reports on Homicides, in-custody deaths, and officer-involved shootings in San Diego County. It includes annual statistics, major crime archives, and critical incident reviews conducted by the Sheriff’s Critical Incident Review Board.

San Diego Police Department Cold Case Team
This page describes the work of the San Diego Police Department’s Cold Case Team, which investigates unsolved Homicides in the city. It includes a list of cold cases, contact information for submitting tips, and details about collaboration with regional law enforcement agencies.

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