Homicide Cases Require A Strong Defense
The most serious criminal charges call for a strong defense. If you have been accused of homicide, there is no question that you want to be represented by a lawyer with a proven record for fighting these charges.
At Houlé Law, your case will be handled personally by a former Los Angeles County deputy district attorney with more than 25 years of criminal law experience. Attorney Lisa Houlé and our team know the law, know how to craft effective defense strategies in murder cases and are willing to put in the work necessary to get meaningful results. We defend against charges of homicide and all related crimes, including manslaughter.
Domestic Violence Homicide
When a homicide case involves allegations that one spouse killed the other, or that the accused was in some form of domestic relationship with the victim, it falls under the banner of domestic violence. Different laws may be called into play, adding layers of complexity to an already complex and challenging criminal defense matter.
We know how to navigate these situations. While working for Los Angeles County, Lisa Houlé specialized in domestic violence cases, including domestic homicides. When you choose our law firm, you will have the confidence that comes with having someone who knows the law on your side, someone who is willing to fight for you all the way to trial if necessary.
Frequently Asked Questions About Homicide Laws In California
If you are facing homicide charges, you are likely concerned about personal freedom, family relationships, and your future, which weigh heavily. It is normal to have questions about your rights and legal options. Here are answers to commonly asked questions about California homicides.
What is homicide, murder and manslaughter?
Homicide means the killing of one person by another. Under California law, homicide is classified into two main categories.
Murder involves the unlawful killing of another person with “malice aforethought,” which means intent or reckless disregard for human life.
Manslaughter refers to unlawful killings without malice and is generally divided into voluntary (for example, in the heat of passion) and involuntary (for example, due to negligence or reckless conduct). The distinction between these offenses lies in the intent and circumstances surrounding the act.
What if the homicide was in self-defense?
California law allows for the use of force in self-defense if you reasonably believe you or someone else is in imminent danger of being killed, seriously injured or the victim of a violent crime. However, to successfully argue self-defense, the following elements must generally be established:
- The threat of harm was immediate.
- The force used was proportional to the perceived threat.
- You did not provoke the attack or escalate the situation unnecessarily.
If proven, self-defense can serve as a complete defense against homicide charges, but the burden falls on the defendant and their attorney to show that their actions were justified.
What penalties can one face if convicted of homicide?
Penalties for homicide in California vary depending on the specific charge and circumstances:
- First-degree murder: Life imprisonment with or without parole or the death penalty in extreme cases
- Second-degree murder: 15 years to life imprisonment, with potential enhancements for aggravating factors
- Voluntary manslaughter: Up to 11 years in state prison
- Involuntary manslaughter: Up to 4 years in state prison
Factors such as the use of a firearm, prior convictions and whether the crime was gang-related can lead to harsher penalties.
What defense strategies might an attorney use to defend against homicide charges?
Defense strategies depend on the circumstances of the case but might include:
- Self-defense or defense of others: Showing the act was necessary to protect yourself or another person
- Lack of intent: Arguing the absence of premeditation or malice aforethought
- Mistaken identity: Presenting evidence that someone else committed the crime
- Insanity or mental illness: Demonstrating the defendant was not mentally capable of understanding their actions
- Accident: Proving the death was unintentional and resulted from lawful actions
Each case is unique, and the specific facts will determine the most viable defense strategy.
Are there different degrees of homicides, murder and manslaughter?
Yes. California law recognizes multiple degrees:
- First-degree murder: Premeditated, deliberate killing or killing during specific felonies
- Second-degree murder: Intentional killing without premeditation
- Voluntary manslaughter: Killing in the heat of passion or during a sudden quarrel
- Involuntary manslaughter: Involves unintentional killing through negligence
These degrees reflect the level of culpability and influence the penalties imposed upon a conviction.
What is criminal vehicular homicide? Is it worse if the driver is drunk?
Vehicular homicide in California occurs when someone causes death through negligent or reckless driving. If alcohol or drugs are involved, it becomes vehicular manslaughter while intoxicated. This carries significantly harsher penalties.
A death caused by a DUI can be charged as second-degree murder under California’s “Watson Murder” rule if the driver has prior DUI convictions, potentially resulting in 15 years to life in prison compared to the standard 4 to 10 years for vehicular manslaughter.
Free Consultation In Murder Cases
Discuss your case with an experienced attorney serving the South Bay and all of Southern California. Call our law office at 424-274-7204 or send us an email to schedule a free consultation.