Los Angeles Homicide Defense Lawyer

Being accused of taking a human life is the most serious allegation recognized by California law. Whether the charge is vehicular manslaughter or capital murder, a conviction can mean decades in prison, life without the possibility of parole, or, in rare circumstances, a death sentence. Even an investigation can upend careers, families, and reputations. When the stakes include your freedom and future, you need a violent crimes defense team that blends sophisticated legal analysis with relentless courtroom advocacy to safeguard every constitutional right.

What Constitutes Homicide Under California Law?

California defines homicide as the killing of one human being by another. It encompasses both lawful massacres, such as a justified act of self-defense, and unlawful killings that the Penal Code classifies as murder or manslaughter. The legal distinctions hinge on malice, mental state, and the surrounding circumstances.

What Is Murder Under Penal Code 187?

Under Penal Code 187, murder is an unlawful killing committed with “malice aforethought.” Malice can be expressed, as when a person intentionally fires a weapon at another, or implied, when someone engages in life-threatening conduct with conscious disregard for human life. California divides murder into first and second degree:

• First-degree murder generally requires premeditation and deliberation, lying in wait, use of a destructive device or weapon of mass destruction, killing by poison, or a death committed during certain inherently dangerous felonies such as burglary, robbery, arson, rape, and carjacking.
• Second-degree murder includes all other killings with malice that do not meet the statutory definitions of first-degree murder.

How Special Allegations Affect Murder Sentencing

Prosecutors may add “special circumstance” allegations under Penal Code 190.2, such as multiple murders, murder for financial gain, murder of a peace officer, or killings motivated by race, religion, or sexual orientation. A special-circumstance conviction carries life without the possibility of parole and may expose a defendant to the still-existing but currently suspended death penalty. Although Governor Gavin Newsom announced a moratorium on executions in 2019, California has not executed anyone since 2006; juries can still return death verdicts, and capital procedures significantly amplify the complexity of the case.

New Laws That May Reduce Murder or Manslaughter Convictions

Until 2019, a participant in a felony that led to a death could be convicted of murder even without intent to kill. Senate Bill 1437 restricted felony-murder liability to those who were the actual killer, aided and abetted with intent to kill, or were major participants who acted with reckless indifference to human life. Senate Bill 775, effective January 1, 2022, extended the same relief to individuals who pled to manslaughter or attempted murder under felony-murder or natural-and-probable-consequence theories. Those individuals can now petition the court for resentencing or vacatur of their convictions.

When a DUI Becomes a Murder Charge in California

When a motorist with a prior DUI conviction drives while intoxicated or engages in egregious conduct that results in a fatal collision, prosecutors may file second-degree “Watson” murder based on implied malice. Recent cases confirm that juries may infer malice from prior DUI education combined with hazardous driving.

Types of Manslaughter Charges Under PC 192

Manslaughter is an unlawful killing without malice.

• Voluntary Manslaughter (PC 192(a)) arises when a person kills in the heat of passion or upon a sudden quarrel.
• Involuntary Manslaughter (PC 192(b)) occurs when a death results from criminal negligence or during the commission of a non-felony unlawful act.
• Vehicular Manslaughter (PC 192(c)) punishes negligent or grossly negligent driving that causes death, while
• Gross Vehicular Manslaughter While Intoxicated (PC 191.5) addresses fatalities caused by DUI drivers without implied malice.

How Long Is the Sentence for Murder or Manslaughter in CA?

California’s sentencing scheme is unforgiving. Second-degree murder carries fifteen years to life; first-degree murder carries twenty-five years to life; a special-circumstance conviction results in life without parole or a death-penalty trial. Voluntary manslaughter is punishable by three, six, or eleven years; involuntary manslaughter by two, three, or four years. Gross vehicular manslaughter while intoxicated carries up to ten years, or fifteen years to life if the driver has a prior DUI manslaughter or DUI murder conviction. Enhancements, such as firearm use, gang allegations, or prior serious felonies, can add years and trigger indeterminate life terms under California’s Three Strikes law.

How Homicide Rates Impact Prosecution and Defense

Local data shapes jury pools and prosecutorial decisions. The Los Angeles Police Department recorded approximately 268 homicides in 2024, an eighteen-percent drop from the previous year and the first time the annual count fell below 300 in five years. Overall, citywide homicides declined by fourteen percent.

The Critical Role of Early Defense in Homicide Investigations

LAPD’s Robbery-Homicide Division and the Los Angeles County Sheriff’s Department each assign seasoned detectives to homicide investigations. They work closely with the Los Angeles County District Attorney’s Hardcore Gang and Major Crimes units. From the moment officers arrive on the scene, they are building a case—collecting shell casings, canvassing for surveillance video, and downloading cell phones. Early intervention by defense counsel is critical to preserve exculpatory evidence before it disappears and to prevent inadvertent self-incrimination.

Stages of a California Homicide Prosecution

• Booking and Bail. Most murder arrests result in “no bail” holds until a judge reviews the case. However, recent California legislation favors individualized bail assessments. Your attorney can present mitigating evidence—stable employment, family ties, lack of flight risk—to secure release on electronic monitoring or a reduced bond.
• Arraignment and Plea. Within forty-eight hours of arrest, excluding weekends and holidays, you will be brought before a judge, informed of the charges, and enter an initial plea. In Los Angeles County, arraignments for homicide cases typically take place at the Clara Shortridge Foltz Criminal Justice Center downtown. Still, filings can also occur in Van Nuys, Long Beach, Lancaster, Pasadena, Pomona, Torrance, or Norwalk, depending on where the arrest occurred.
• Preliminary Hearing. California allows defendants to have a preliminary hearing within ten court days of arraignment unless time is waived. The prosecution must establish probable cause. Effective cross-examination at this stage can expose weaknesses, preserve testimony for impeachment, and sometimes persuade a judge to dismiss or reduce charges.
• Motion Practice. Kraut Law Group Criminal & DUI Lawyer, Inc. regularly files constitutional and statutory motions, including motions to suppress illegally seized evidence under PC 1538.5, motions to exclude involuntary statements, Pitchess motions for police personnel records, and Penal Code 995 motions to set aside the information.
• Trial. A homicide jury trial can span weeks or months. The prosecution bears the burden of proving every element beyond a reasonable doubt. We counter with forensic experts in pathology, ballistics, DNA, accident reconstruction, toxicology, video forensics, and digital data analysis. We craft compelling narratives that humanize our clients and highlight reasonable doubt.

Potential Defenses to Murder and Manslaughter Charges

• Self-Defense or Defense of Others. California’s stand-your-ground rules allow a person to use deadly force if they reasonably believe it is necessary to prevent imminent death or significant bodily injury. Perfect self-defense leads to an acquittal; imperfect self-defense can reduce murder to voluntary manslaughter.
• Accident or Misfortune. If the death was an unforeseen accident occurring during lawful conduct, criminal liability may be negated.
• Lack of Causation. We scrutinize medical causation and intervening cause theories, particularly in cases involving delayed medical complications or multiple shooters.
• Mental State Defenses. Provocation, intoxication, or mental illness may negate premeditation or malice, transforming a murder charge into manslaughter or supporting an insanity defense.
• Alibi and Mistaken Identification. Eyewitness identification is notoriously unreliable. Surveillance footage, cell-site records, and digital footprints can demonstrate that a client was elsewhere when the crime occurred.
• Police and Laboratory Misconduct. Chain-of-custody breaches, contaminated DNA profiles, or Brady violations (suppression of favorable evidence) can result in excluding evidence or outright dismissal.

Post-Conviction and Resentencing Relief

Even after a conviction, relief may be available. SB 775 and related reforms allow petitions to vacate or reduce convictions where malice was imputed under no longer valid theories. Our firm files habeas corpus petitions, PC 1172.6 resentencing motions, and appeals targeting instructional error, juror misconduct, and newly discovered evidence.

Why Choose Kraut Law Group for a Los Angeles Homicide Case

Founding attorney Michael Kraut is a former Deputy District Attorney who prosecuted homicides for the Hardcore Gang Division before dedicating his career to defense. His insider perspective enables him to anticipate prosecutorial strategies and leverage relationships with forensic experts and investigators. The firm caps caseloads to devote maximum attention and resources to each client and maintains 24/7 accessibility because critical developments rarely occur during office hours.

For more information about the various ways to handle a homicide case and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group Criminal & DUI Lawyers, Inc.. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453 or through our secure online form.

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