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Long Beach Murder and Homicide Defense Lawyer
A homicide charge is the most serious thing a person can face, and it is also the charge where the difference between one section and another is measured in decades. This page explains what those differences are. Call now to schedule a consultation.
Patrick S. AguirreCriminal defense attorney · Long Beach4.6 out of 5 from 41 Google reviews. 25+ years of experience Patrick handles your case personally
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The charge
Murder, and what malice means
Penal Code 187 defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Malice is express where there was a deliberate intention to kill, and implied where the killing resulted from an intentional act, dangerous to life, done with conscious disregard for life. Implied malice is how murder is charged in cases with no intent to kill at all, including some fatal collisions.
First degree murder is a killing by specified means such as poison, lying in wait, or torture, or one that was wilful, deliberate and premeditated, or one committed during an enumerated felony. Everything else that is murder is second degree. First degree carries 25 years to life, or life without parole or death where a special circumstance is found; second degree carries 15 years to life. Enhancements, particularly firearm enhancements under Penal Code 12022.53, are added on top.
Sources: Penal Code 187(a) — murder defined; Penal Code 188 — express and implied malice; Penal Code 189(a)–(b) — first and second degree; Penal Code 190(a) — punishment.
Manslaughter
The distinctions that decide these cases
Voluntary manslaughter under Penal Code 192(a) is a killing on a sudden quarrel or in the heat of passion, or one committed in the honest but unreasonable belief in the need for self-defense, which the law calls imperfect self-defense. It carries three, six, or eleven years rather than a life term, which makes reducing murder to voluntary manslaughter one of the most consequential things a defense can achieve.
Involuntary manslaughter under Penal Code 192(b) is a killing without malice during an unlawful act not amounting to a felony, or during a lawful act done without due caution. Vehicular manslaughter has its own subdivisions, and where intoxication is involved Penal Code 191.5 governs, with gross vehicular manslaughter while intoxicated carrying four, six, or ten years and higher terms for those with prior DUI convictions.
Sources: Penal Code 192(a)–(c) — voluntary, involuntary, and vehicular manslaughter; Penal Code 191.5 — gross vehicular manslaughter while intoxicated.
Felony murder
The rule changed in 2019, and it matters
California used to allow a murder conviction for a participant in a felony where someone died, without any intent to kill and without the participant causing the death. Senate Bill 1437 ended that. Under Penal Code 189(e), a participant in a qualifying felony is liable for murder only if they were the actual killer, or aided the actual killer with the intent to kill, or was a major participant in the underlying felony who acted with reckless indifference to human life.
The change was made retroactive. Penal Code 1172.6 allows a person convicted of murder, attempted murder, or manslaughter under the old theories to petition to have the conviction vacated and be resentenced. Anyone serving a sentence from a felony-murder or natural-and-probable-consequences theory should have the record reviewed against the current rule, because a substantial number of those convictions can no longer stand.
Sources: Penal Code 189(e) — the narrowed felony-murder rule; Penal Code 1172.6 — petition to vacate a conviction under the old rule.
Special circumstances
What turns a murder case into a life-without-parole case
Penal Code 190.2 lists the special circumstances that make first degree murder punishable by life without parole or death: multiple murders, murder for financial gain, murder of a peace officer or witness, murder during specified felonies, lying in wait, torture, and gang-related murder, among others. Each must be pleaded and separately proved, and each is separately defensible.
California has not carried out an execution in many years and a moratorium has been in place since 2019, but the statutes remain and a special circumstance allegation still changes a case fundamentally, because it removes any possibility of parole if it is found true.
Sources: Penal Code 190.2 — special circumstances.
The defense
How homicide cases are defended
Self-defense is a complete defense where the belief in imminent deadly danger was reasonable and the force was reasonably necessary. Imperfect self-defense, where the belief was honest but unreasonable, is not complete but reduces murder to voluntary manslaughter. Heat of passion on adequate provocation does the same.
Beyond that: identity, which in many shootings rests on brief observations, jailhouse informants, and gang-related assumptions; causation, where an intervening cause or a medical failure broke the chain; the mental state, where intoxication, mental illness, or lack of premeditation reduces the degree; and accident. Where the client was one of several people present, the aiding and abetting theory and the narrowed felony-murder rule are the whole case.
These cases are also won on the forensic science. Ballistics, gunshot residue, DNA mixtures, cell site location, and time of death estimates are all fields where the certainty expressed in a report often exceeds what the underlying method supports, and independent expert review is not optional.
The office
How the Law Offices of Patrick S. Aguirre handles homicide cases
The office has defended serious felony cases in Long Beach and across Los Angeles County for nearly three decades. A homicide defense is an investigation first: the scene, the witnesses the police did not interview, the forensic evidence independently reviewed, and the client’s own history, which is what a sentencing court and sometimes a jury needs to hear.
Nothing on this page is a prediction about any case, and no result is promised. If someone is in custody on a homicide investigation, the single most important thing is that they stop talking and that counsel is retained immediately. The firm has offices in Long Beach and Downey and speaks Spanish.
Frequently asked questions
Common questions
What is the difference between murder and manslaughter?
Malice. Murder under Penal Code 187 requires malice aforethought, express or implied. Manslaughter under Penal Code 192 is an unlawful killing without malice: voluntary where it happened on a sudden quarrel, in the heat of passion, or in an honest but unreasonable belief in the need for self-defense; involuntary where it resulted from an unlawful act not amounting to a felony or a lawful act done without due caution.
I was there but I did not kill anyone. Can I be charged with murder?
It is much harder than it used to be. Since Senate Bill 1437, Penal Code 189(e) allows felony-murder liability only where the person was the actual killer, aided the killer with intent to kill, or was a major participant who acted with reckless indifference to human life. Presence and participation in the underlying felony are no longer enough on their own.
My relative was convicted of felony murder years ago. Does the change help them?
It may. Penal Code 1172.6 allows a person convicted under the old felony-murder or natural-and-probable-consequences theories to petition to vacate the conviction and be resentenced. Eligibility turns on what the record of conviction actually shows, so it is worth having the file reviewed rather than assumed either way.
Is there a statute of limitations on murder?
No. Under Penal Code 799, an offense punishable by death or life imprisonment, including murder, may be prosecuted at any time. Cold cases are filed decades later, which is why an old investigation being quiet is not the same as being closed.
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Client experiences
What clients say
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I just walked out of court a free man after getting my case dismissed.
From the beginning to the end, Patrick and his professional office staff kept us informed on any updates, concluding the case with a dismissal!
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Meet your attorney
Law Offices of Patrick S. Aguirre
A Professional Law Corporation
The future of your case may depend on a successful outcome. It can be stressful to go through the legal process alone—but thankfully, you don’t have to.
The Law Offices of Patrick S. Aguirre will stand up for clients’ interests and rights, providing high-quality representation in personal injury cases and criminal defense matters throughout California from its Long Beach office.
We work with you and for your best interests. Our legal team is compassionate, hard-working, and tenacious—fighting to get the job done right when it matters most. No case is too complicated or insignificant for our full attention. Our clients may move forward into a brighter future free from worry about past mistakes.
We’re the legal team that never gives up. When you need an attorney who will fight for what’s right, turn to us, and we’ll do everything in our power to help. No matter how challenging your situation may seem, there is hope.
“Courage is the most important attribute of a lawyer.”
Robert F. Kennedy
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