Exploring the Different Definitions of Homicide and Murder
June 4, 2025 | Nafiz M. Ahmed
When facing accusations of causing the death of another person, knowing the difference between homicide and murder in California is crucial. These legal terms are often used interchangeably but have distinct meanings under the law.
Those differences can greatly affect possible punishments for defendants and how a defense is built. If you or someone you care about is involved in a serious case, being aware of these legal distinctions could make a significant difference in the outcome.
What Is Homicide?
Homicide is defined as the killing of one person by another. It’s an umbrella term that covers any situation where someone dies because of the actions of another person. This can include a wide range of circumstances, from accidental killings to intentional ones.
Murder is just one specific type of homicide; not every homicide qualifies as murder under the law. Some homicides may be considered justifiable or excusable, depending on the facts of the case.
What Is Murder?
Murder in California is an unlawful killing with “malice aforethought,” meaning either a clear intent to kill or acting with a conscious disregard for human life. California’s legal system divides murder into different categories based on how and why the killing occurred.
First-Degree Murder
First-degree murder is the most serious form and involves both intending to kill and planning the act ahead of time. Courts look for evidence that the killing was not impulsive—for example, making a plan, lying in wait, setting up a getaway, or arming yourself in advance. Penalties can include life in prison without parole.
Some cases, like those involving special circumstances or certain victims, can be charged as capital murder, which can carry the death penalty (although executions are currently on hold in California).
Second-Degree Murder
Second-degree murder is still intentional and carried out with malice, but it doesn’t involve the same level of planning or thought as first-degree. This category covers killings where someone meant to cause fatal harm or acted so recklessly that death was a likely outcome, but there was no detailed plan.
For example, if someone gets into a heated argument and, in the moment, pulls out a weapon and fatally injures another person without having planned it in advance, that could be considered second-degree murder. Penalties generally include 15 years to life in prison.
Felony Murder
Felony murder applies if someone is killed, intentionally or not, while you are committing a certain dangerous felony, such as robbery or arson. You can be charged with felony murder simply because it happened during the commission of another serious crime. Felony murder can be prosecuted as either first- or second-degree, depending on the details of the underlying felony.
Knowing which type of murder is involved is important because it affects the charges, the sentencing, and the kind of defense your defense attorney might pursue.
Non-Criminal Homicide
Non-criminal homicide refers to situations where someone is killed, but the circumstances mean the killing is not a crime under California law. These are called justifiable or excusable homicides.
Justifiable Homicide
This type of homicide happens when someone kills another person in legally recognized situations, such as self-defense or in defense of others. For example, if you are threatened with deadly force and you reasonably believe it’s necessary to protect yourself or someone else, using deadly force may be considered justifiable.
Excusable Homicide
Excusable homicide covers accidental killings under certain conditions. For example, if someone accidentally causes another’s death while acting lawfully, without criminal intent or negligence, California law may view the act as excusable.
Contact a Redwood City Homicide Lawyer at Ahmed & Sukaram, Criminal Defense Attorneys for a Free Consultation
If you have any questions about the differences between these charges or need help with a criminal matter, contact Ahmed & Sukaram Criminal Defense Attorneys today to schedule a free consultation with a Redwood City homicide attorney.
For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500