If you or someone you love is being investigated for, or has been charged with, a death, you are facing the most serious kind of criminal case there is. The fear is real, and so is the urgency. The single most important thing you can do right now is decline to talk about what happened with anyone except a Criminal Defense lawyer, starting with the police.
Murder, manslaughter, and vehicular homicide
Penal Code § 187 defines murder as the unlawful killing of a human being (or a fetus) with malice aforethought. Malice can be express, meaning an intent to kill, or implied, meaning a person knowingly acted with conscious disregard for human life.
Penal Code § 189 divides murder into degrees. First-degree murder includes killings that are willful, deliberate, and premeditated, killings by certain means such as lying in wait, and certain killings during listed felonies. Other murders are generally second degree. Under California law, first-degree murder typically carries 25 years to life and second-degree murder typically carries 15 years to life, with longer terms possible when special circumstances or enhancements, such as firearm allegations, are charged.
Manslaughter is an unlawful killing without malice. It is a serious felony in its own right, but the penalties are well below those for murder. The main categories are:
| Charge | What it generally means | Typical exposure |
|---|---|---|
| Voluntary manslaughter, Penal Code § 192(a) | A killing in a sudden quarrel or heat of passion, or in imperfect self-defense | State prison: 3, 6, or 11 years |
| Involuntary manslaughter, Penal Code § 192(b) | A death caused without intent to kill, during a lawful act done without due caution or an unlawful act that is not a felony | 2, 3, or 4 years |
| Vehicular manslaughter, Penal Code § 192(c) | A death caused while driving, with gross or ordinary negligence | Misdemeanor or felony, depending on the negligence and facts |
| Gross vehicular manslaughter while intoxicated, Penal Code § 191.5 | A death caused by an impaired driver acting with gross negligence | State prison: typically 4, 6, or 10 years |
Actual sentences depend on the facts, any prior record, enhancements, and the county. Manslaughter can be the charge from the beginning, or it can be the result of a trial or negotiation in a case first charged as murder.
DUI deaths and “Watson” murder
When someone dies in a crash involving an impaired driver, prosecutors sometimes charge second-degree murder rather than manslaughter. This is based on People v. Watson (1981), in which the California Supreme Court held that a drunk driver who kills someone can be found to have acted with implied malice.
Prosecutors frequently rely on what is called a Watson advisement. Under Vehicle Code § 23593, a person convicted of DUI is told in court that driving under the influence is extremely dangerous to human life and that if they drive under the influence and someone dies as a result, they can be charged with murder. A prior advisement is often used as evidence that the driver knew the danger. Whether the facts support murder, or only manslaughter, is frequently the central fight in these cases. For background on DUI cases, see the DUI page.
Self-defense and imperfect self-defense
California law allows a person to use deadly force when they actually and reasonably believe it is necessary to defend themselves or someone else against imminent death or great bodily injury. If the jury has a reasonable doubt about whether the killing was in lawful self-defense, the law requires an acquittal.
Imperfect self-defense applies when a person actually believed deadly force was necessary, but that belief was unreasonable. It is not a complete defense, but it removes malice, which can reduce murder to voluntary manslaughter. Self-defense cases depend heavily on the details: the sequence of events, the people involved, prior threats, injuries, and forensic evidence. Preserving that evidence early is important.
Felony murder reform: SB 1437 and Penal Code § 1172.6
Senate Bill 1437, effective January 1, 2019, narrowed California’s felony-murder rule and eliminated murder liability based on the “natural and probable consequences” theory. Today, a person who did not personally kill generally cannot be convicted of murder unless they intended to kill and aided the killer, or were a major participant in the underlying felony and acted with reckless indifference to human life.
People convicted under the older rules may be able to petition for resentencing under Penal Code § 1172.6 (formerly § 1170.95). Later legislation extended this relief to some attempted murder and manslaughter convictions. If you or a family member was convicted as an accomplice or under a felony-murder theory, the case may be worth reviewing.
Why a lawyer matters from the first moment
Homicide investigations often move quickly. Detectives may ask you to come in “to help,” may record calls, or may place an informant in a jail cell. What you say in those first hours can shape the whole case. You have the right to remain silent and the right to a lawyer. Use both. Do not discuss the case on jail phones, in visits, by text, or on social media. There is no statute of limitations for murder in California, so a case can be filed years later.
How Eric H. Hintz approaches these cases
Eric H. Hintz has practiced Criminal Defense since 1985 and takes cases in state and federal courts throughout California. In homicide cases, he reviews every police report, recording, and item of forensic evidence; investigates independently; and consults experts where needed, such as forensic pathologists, accident reconstructionists, toxicologists, and firearms examiners. He negotiates where that serves the client and prepares each case for trial. Learn more on the criminal trial practice page.
Consultations are free for people who are out of custody. If your loved one is in custody, Eric is generally willing to meet with family or friends first. Call the office at (916) 465-6500, or call or text 24 hours a day at (916) 802-5979.
Common questions
What is the difference between murder and manslaughter?
The key difference is malice. Murder under Penal Code § 187 requires malice, either an intent to kill or a conscious disregard for human life. Manslaughter under Penal Code § 192 is an unlawful killing without malice, such as a killing in the heat of passion or one caused by criminal negligence. The difference in sentencing exposure is very large.
Can a DUI crash really be charged as murder?
Yes. Under People v. Watson (1981), a fatal DUI crash can be charged as second-degree murder if the prosecution claims the driver acted with implied malice. A prior Watson advisement under Vehicle Code § 23593 is often used as evidence. Many fatal DUI cases are instead charged as gross vehicular manslaughter while intoxicated under Penal Code § 191.5.
What is imperfect self-defense?
Imperfect self-defense applies when a person truly believed they needed to use deadly force to protect themselves or someone else, but that belief was unreasonable. It is not a complete defense, but it negates malice, which can reduce a murder charge to voluntary manslaughter under Penal Code § 192(a).
My family member was convicted of felony murder years ago. Is there anything that can be done?
Possibly. After Senate Bill 1437, people convicted of murder under the old felony-murder or natural and probable consequences rules may petition for resentencing under Penal Code § 1172.6. Relief generally depends on whether the person was the actual killer, intended to kill, or was a major participant who acted with reckless indifference to human life. The record should be reviewed carefully.
Is there a deadline for charging murder?
No. In California, there is no statute of limitations for murder, so charges can be filed at any time. Manslaughter and other homicide-related charges generally do have time limits, which vary by charge. You can learn more on the statute of limitations page.
Related tools and pages
Last reviewed October 2026.
General information, not legal advice. Every case is different.