HOMICIDE

If you have been charged with the death of another person, it is essential that you retain an experienced San Diego homicide attorney as quickly as possible. 
The penalties for a California murder are harsh, up to and including the death penalty and you need an experienced attorney as soon as possible. 

Homicide Overview

There are many “levels” of murder in the state of California, including:

  • Capital Murder, or Murder with Special Circumstances—First degree murder charges which are punishable in the state of California by the death penalty or life in prison without parole are charged as capital murder.
    The list of special circumstances which makes the difference between first-degree murder and capital murder are detailed under California Penal Code 190.2, and include the following:
  • Murder with a motive of financial gain;
  • Mass murders, or murders of more than one victim;
  • The murder of a judge, elected official, prosecutor, juror, police officer or fire fighter;
  • The murder of a witness who is set to testify against the defendant;
  • The murder of a person based on country of origin, nationality, color, race or religion;
  • The murder of a person to benefit a criminal street gang;
  • The murder of a person in a “drive-by” shooting, or
  • The murder of another person during the commission of any felony which:
  • First Degree Murder—Charged under California Penal Code 187(a), first degree murder can be further split into three categories: 1) deliberate, premeditated killing of another human being, 2) lying in wait to inflict torture and kill or kill a person with a destructive device, explosive weapon, poison or ammunition, and 3) felony murder.
  • Second Degree Murder—similar to first degree murder, however the element of premeditation is not necessary.
    Essentially, all murders which fail to qualify as a first-degree murder will fall into the second-degree murder category and will be charged under California Penal Code 187(b).
    A second-degree murder could be the result of a fight, or the heat of passion.
    If a person commits a felony which is inherently a danger to human life, and a person dies during that crime, then the person committing the felony could also be charged with second-degree murder.
  • Felony Murder—Felony murder charges cover those individuals (or their accomplices) who kill a person while committing a dangerous felony, whether it was intentional, an accident, or the result of negligence.
    This means the death does not need to be foreseeable to fall under the umbrella of felony murder, however there must be a connection between the underlying felony crime and the time and place of the murder.
    Felony murder can apply to first-degree (felony arson, burglary, kidnapping, robbery or rape) or second-degree murder (other inherently dangerous felonies).
  • Voluntary Manslaughter—Under California Penal Code 192(a), voluntary manslaughter is the unlawful killing of another human being which occurs in the heat of the moment, and is not committed with malice.
    Even if there was intent to kill the victim, the difference between voluntary manslaughter and murder is that there was not sufficient time to form “malice aforethought.”
    This means there must not have been sufficient time between the time you were provoked and the time of the victim’s death to rise to the level of premeditated murder rather than voluntary manslaughter.
    If the court finds there was sufficient provocation to have caused another reasonable person in the same circumstances to react in a similar fashion your attorney could have your charges reduced from murder to voluntary manslaughter—a difference between eleven years in prison or life in prison.

  • Involuntary Manslaughter—Under California Penal Code 192(b), involuntary manslaughter occurs when a person is unlawfully killed, however the person who killed the victim had no malice toward the victim, and the death was entirely unintentional. 

In fact, you could have committed a lawful act which involved a high risk of death but you did so without the proper level of caution.

  • Vehicular Manslaughter—When a driver drives in an unlawful manner which does not reach the level of a felony, drives during the commission of a lawful act which could result in death, or knowingly causes an auto accident for financial gain, he or she can be prosecuted under California vehicular manslaughter laws.

Vehicular manslaughter is a “wobbler” offense, meaning it can be charged as a misdemeanor or a felony, depending on the circumstances of the crime and your prior criminal history.

  • Watson Murder—If an intoxicated driver kills another person, and the circumstances are particularly egregious, he or she may be charged with a DUI or “Watson” murder.
    This murder charge is generally reserved for situations in which the defendant has a prior conviction for DUI, and acknowledges how dangerous it is to others to drive while intoxicated.
  • Attempted Murder—An unsuccessful attempt to kill another human being could result in attempted murder charges.

California Penalties for the Different Levels of Homicide

A conviction for capital murder is punishable by the death penalty or life in prison without parole.
For a conviction of first-degree murder, you could be sentenced to 25 years to life in a California state prison, although if your crime was considered a hate crime, you may face life without parole.
A conviction for second-degree murder can result in fifteen years to life in a California state prison, however if you have previously served a sentence for murder, you killed the victim in a “drive-by” shooting or the victim was a police officer, you will likely serve life in prison without parole.
In fact, any time a gun is used in the commission of a crime, you are likely to receive an enhanced sentence, adding 10, 20, 25 years or life to the sentence. Further penalties for the above murder convictions include:

  • Under California’s Three Strikes Law, you will receive a strike on your record;
  • You may have to pay victim restitution;
  • You could pay up to $10,000 in fines;
  • You will lose your right to own or possess a firearm, and
  • You will face additional sentencing enhancements if the offense is gang-related.

If you are convicted of attempted murder, you could face a life sentence but with the possibility of parole as well as a “strike,” substantial fines and victim restitution.
If convicted of voluntary manslaughter, you could be sentenced to three, six or eleven years in a California state prison.
A conviction for involuntary manslaughter could result in a sentence of two, three or four years in a California state prison.
A conviction for felony vehicular manslaughter could result in a sentence of two-ten years in a California state prison while a misdemeanor vehicular manslaughter conviction could result in up to one year in a San Diego county jail.

Potential Defenses for San Diego Homicide Crimes

Because every case of murder is different, with different facts, motivations and evidence, the defense your San Diego criminal defense attorney will employ on your behalf will be based on your specific circumstances.
There are, however, certain “standard” defenses to the crime of murder, which may be applicable in your situation. Some of these include:

  • You were defending yourself of others (you believed you were in imminent danger of death or great bodily injury), therefore your conduct may be excused;
  • You had no criminal intent and were not acting in a negligent manner, therefore the killing was accidental;
  • You did not understand the nature of the act of killing another human being, or you were unable to distinguish between right and wrong (insanity defense);
  • Your confession was coerced by the police, perhaps through the use of illegal or coercive interrogation methods, through threats, or from offers of lenient treatment in exchange for a confession;
  • The evidence used to charge you with murder was obtained illegally, i.e., illegal search and seizure, or
  • You were mistakenly identified (the single greatest cause of wrongful convictions).

As Seen On

Logo of Tele Mundo
Logo of NBC
Logo of Eight
Logo of Fox 5
Logo of Kusi News Television
Logo of The San Diego Union Tribune
Logo of abc 10 News San Diego

“I hired Pedro during one of the most difficult times in my life. Pedro was compassionate to my situation and knew the law well. He was able to negotiate a resolution that let me move on with my life.”

Annie C.

“Lo recomiendo mucho porque me ayudo mucho con mi cargo de DUI. Excelente trabajo. Súper recomendado”

Francisco Morales

“La experiencia del Sr. Bernal ayudó a descartar un cargo de hit and run. Es altamente profesional, honesto/directo y de mucha confianza. Un abogado fenomenal.”

Sally Piñera

“Pedro Bernal is a very experienced attorney. As a former prosecutor he has the experience and insight necessary to be a true advocate for his clients. He is very professional and diligent in responding to phone calls and emails. Pedro handles a broad array of criminal matters ranging from White Collar crimes to health insurance fraud; he truly knows the ins and outs of how a case is prosecuted and tried in court. I highly recommend Pedro Bernal to any individual that is facing charges or has been arrested for a criminal offense or a civil regulatory violation. He truly provides the one-on-one attention that any client deserves.”

Ronson J. Shamoun

“I called Pedro to get some legal insight on a business partnership that went sour and although his expertise is criminal law, he gave me solid legal advise and referred me to an excellent lawyer that specializes with small businesses. If you want honest legal counsel, no bs, and a straight shooter lawyer, look no further than Pedro Bernal.”

Y. Ramirez

“ Pedro Bernal is a very professional and trustworthy lawyer. I had an amazing experience and I highly recommend him!”

Y. Mendoza

“Attorney Bernal has been extremely professional with my case. He has worked diligently and has responded to all my phone calls and emails.”

I. Heard

“Pedro Bernal is extremely professional and always made sure to answer all my questions. A reliable criminal defense attorney that you can definitely count on. His experience as a former prosecutor made a world of a difference when dealing with my case. Thank you, Mr. Bernal!”

Melissa Marquez

“Hands down one of the best lawyer in San Diego. He helped me with my restraining order against my ex boyfriend. He not only helped me with my case but made me feel safe and was available for every question I had. Will contact him again with any other legal matters.”

Joanna Gallardo

“Pedro was very professional and very tentative to my case. I would definitely recommend and go back when in need of an attorney!”

Fabian Toledo

“Pedro was so helpful with my case. He is definitely worth the $! Glad I retained him.”

Erica Lopez

“I strongly recommend Mr. Bernal for any criminal defense need. He is very attentive and delivers results! Thanks to all the staff at Bernal Law!”

Ruayner Rivas

“He is great! reliable and efficient. Would recommend Bernal Law to anyone who needs a criminal defense attorney. Thank you, Pedro.”

Mariangela Contacessi

“It was a pleasure working with Pedro Bernal. His knowledge & experience was really helpful through this difficult experience. He was referred to us by another attorney we knew and we were so grateful in the end. Look no further... Pedro Bernal is the answer.”

Leann Thompson

“Really recommend Mr Bernal. I was risking being away from my family but he stood by me and fought for my freedom every step of the way . This was my first experience dealing with a case, but he helped me haveba better understanding of what was happening at all times. Thank you for all your help and your great knowledge !”

Antonio Macias

“I would highly recommend Pedro for being the perfect lawyer. Accessible to you at any time... Very professional. Sets your expectations very practically and well prepared at the hearing. You can feel assured that you are in the best of hands”

Punam Garg

“Exceptionally good attorney. Absolutely determined to win and serve to the best interest of his client. He was representing my opponent, and I lost in the court room hearing absolutely everything, even where I was feeling strong in my case. Representing my opponent, he was always very well prepared to the slightest details of the case, he was very well articulate representing his client side during the courtroom hearing session, he made a great positive impression on the judge, and kept his concentration till very end through the lengthy court sessions. He clearly demonstrated very strong motivation to win the case for his client, he did outstanding job educating and preparing his client for the win in the court room settings. His client got fortunate to have him in his corner. He righteously won based on his professional skills and qualities. I was also represented by an attorney, but lost everything where I was not even was supposed to to loose because he was so much better. He completely destroyed all my defense and totally negated all the strong points brought by my attorney in the case. He has all the professional and personal qualities you would look in the attorney to bring your case to victory in the court of the law”

Greg Egoudine

Contact Bernal Law for Free Consultation
Virtual Consultation Available Upon Request