Difference Between Murder and Homicide in California – Is There One?

In California criminal law, homicide vs murder is not just a matter of terminology—it can be the deciding factor between a justifiable act and a serious felony conviction. While these terms are often used interchangeably, they carry very different legal meanings. 

In California, homicide is the act of killing another human being. It’s a broad term that covers all kinds of killings—lawful or unlawful. Murder, on the other hand, is a type of homicide that is always unlawful and includes the element of malice aforethought.

Understanding the difference between murder and homicide is crucial for anyone facing criminal charges or simply trying to understand California’s justice system.

At DCD LAW, our criminal defense lawyers in Los Angeles are experienced in handling all types of homicide vs murder-related cases—from manslaughter to capital murder. If you or a loved one is facing such charges, knowledge is your first defense.

What is Homicide?

Homicide is the act of one person causing the death of another. Under California law, it can be lawful or unlawful depending on the circumstances. This includes murder, manslaughter, and justifiable killings like self-defense.

Types of Homicide in California

Premeditated Homicide

When someone kills with prior planning and intent, it often leads to a murder charge, especially first-degree murder.

Reckless Homicide

This involves causing death through reckless behavior without intending harm, for example, a fatal car accident due to road rage.

Unintentional Homicide

Also known as involuntary manslaughter, this occurs when someone dies due to negligence or lack of care.

Justifiable Homicide

Killing in self-defense or in defense of others is considered justifiable under California law if certain conditions are met.

What is Murder?

Murder is defined under Penal Code § 187 as the unlawful killing of a human being with malice aforethought. It is always considered a crime and is categorized into various degrees based on intent and circumstances.

Malice Aforethought and Its Role in Murder

Malice can be expressed (clear intent to kill) or implied (a reckless disregard for human life). This is what separates murder from other types of homicide.

Different Degrees of Murder

First-Degree Murder

This is a premeditated killing done with intent and planning. Acts such as lying in wait or using explosives are examples.

Second-Degree Murder

A killing done with malice but without premeditation. For instance, shooting someone in a fit of rage.

Felony Murder

If someone dies during the commission of a dangerous felony (like robbery or arson), it is classified as felony murder—even if the death was unintended.

Key Differences Between Murder and Homicide

Here are the key differences between homicide vs murder:

Murder is Always a Crime; Homicide May Be Justifiable

Homicide includes both legal (self-defense) and illegal (murder, manslaughter) acts. Murder is always illegal.

Malice Aforethought in Murder vs. No Malice in Homicide

Malice is a required element for murder, but not for all types of homicide, like involuntary manslaughter or justified killings.

Degrees of Murder vs. Types of Homicide

Murder is split into degrees; homicide is categorized by type—intentional, reckless, or accidental.

Intent to Kill vs. Unintentional Killing

Murder usually requires an intent to kill, whereas homicide can be a result of negligence or self-defense.

Homicide Covers More Than Just Murder

Murder is a subset. Homicide includes manslaughter, vehicular homicide, and justifiable killings as well.

Penalties for Murder in California

Penalties for First-Degree Murder

Convictions can result in 25 years to life in prison, or life without parole for cases with special circumstances. California currently has a moratorium on the death penalty.

Penalties for Second-Degree Murder

These carry 15 years to life in state prison. Additional years may be added based on the circumstances.

Penalties for Felony Murder

Ranges from 15 years to life for second-degree felony murder to life without parole or death for first-degree felony murder.

How Murder Convictions Differ from Other Homicide Convictions

Murder penalties are the harshest among all homicide charges. Convictions often result in long-term imprisonment or capital punishment, unlike manslaughter, which has lesser sentences.

Manslaughter – A Type of Homicide

Manslaughter is the unlawful killing without malice aforethought. It’s still a crime but carries lesser punishment compared to murder.

Voluntary Manslaughter

Occurs during a “heat of passion” moment, such as killing in a sudden argument. It excludes premeditated or malicious killings classified as murder. Carries 3 to 11 years in prison, with no probation allowed, and may trigger California’s Three Strikes law.

Involuntary Manslaughter

Involves unintentional killings due to reckless or negligent actions, like a DUI fatal crash. It excludes deaths resulting from inherently dangerous felonies or intentional acts. Punishment ranges from 2 to 4 years in prison, and probation may be possible in some cases.

Self-Defense and Justifiable Homicide

How Self-Defense Can Be a Full Defense to Homicide Charges

If someone kills in a reasonable belief of imminent harm and uses only as much force as needed, the homicide may be justified.

Legal Requirements for Justifiable Homicide in California

To prove self-defense, you must show:

1. A reasonable threat to your safety,

2. Immediate need to respond with force,

3. And no more force than necessary was used.

Common Defenses Against Homicide Charges

Arguing Lack of Criminal Intent

If the prosecution cannot prove that the defendant planned or intended to kill, charges may be reduced from murder to manslaughter or dismissed altogether. This defense challenges the element of malice aforethought required for murder.

Claiming Accidental Killing or Heat of Passion

The heat of passion defense shows the killing occurred impulsively due to provocation without premeditation, which can reduce murder charges to voluntary manslaughter if supported by evidence.

Self-Defense as a Defense to Homicide

California law permits a full defense if the defendant reasonably believed they or others were in imminent danger of death or serious injury and used proportional force to prevent harm. Successful proof of self-defense can lead to acquittal.

Conclusion

Understanding the difference between murder and homicide is vital when facing criminal charges. Homicide is a broader term that includes all killings, while murder is always a criminal act with malice aforethought.

The stakes are high. A murder conviction can mean life imprisonment, while manslaughter or justifiable homicide may result in lesser or no punishment.

If you or someone you know is facing homicide or murder charges, don’t face them alone. Contact DCD LAW for a trusted criminal defense lawyer in Los Angeles for a confidential case evaluation. We are here to protect your rights, your freedom, and your future.