HOMICIDE

HOMICIDE

Homicide is the killing of one human being taking away the life of another human being by act, procurement, or omission.  Homicide is not necessarily a crime unless it is criminal homicide.
A person is guilty of criminal homicide if he purposely, knowingly, intentionally, recklessly, or negligently causes the death of another person without lawful excuse or justification.
In California criminal homicide (unlawful homicide) is broken into different categories.

  • Murder is the unlawful killing of a human being or a fetus with malice aforethought.
    Malice aforethought can be express or implied.  A person acted with express malice if he or she unlawfully intended to kill.  A person acted with implied malice if he or she intentionally committed an act in which
    the consequences of the act were dangerous to human life and at the time he or she acted, he or she knew that the act was dangerous to human life and he or she deliberately acted with conscious disregard for
    human life.
  • Voluntary manslaughter is the unlawful killing of a human being without malice and upon a sudden
    quarrel or heat of passion.
  • Involuntary manslaughter is the unlawful killing of a human being without malice and 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.
  • Vehicular manslaughter is the unlawful killing of a human being without malice while driving a vehicle
    in the commission of an unlawful act not amounting to a felony and with or without gross negligence, or driving a vehicle in the commission of a lawful act which might produce death in an unlawful manner and with or without gross negligence.
  • Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought while driving a vehicle while intoxicated as defined by the California Vehicle Code and the killing was either the proximate result of the commission of an unlawful act not amounting to a felony and with gross negligence, or the proximate result of the commission of a lawful act that might produce death
    in an unlawful manner and with gross negligence.
  • Vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought while driving a vehicle while intoxicated as defined by the California Vehicle Code and the killing was either the proximate result of the commission of an unlawful act not amounting to a felony but without gross negligence, or the proximate result of the commission of a lawful act that might produce
    death in an unlawful manner but without gross negligence.