The law of homicide is very complicated and only an experienced attorney should be used.
There are various types of homicide. Murder is defined as
Murder
is the unlawful killing of a human being, or a fetus, with malice aforethought.
Manslaughter is defined as
Manslaughter is the unlawful killing of a human being without malice. It is of three kinds:
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Voluntary--upon a sudden quarrel or heat of passion.
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Involuntary--in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce
death, in an unlawful manner, or without due caution and circumspection. This subdivision shall not apply to acts committed in the
driving of a vehicle.
-
Vehicular--
Gross Vehicular manslaughter is defined as
Gross vehicular manslaughter
while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving
was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission
of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that
might produce death, in an unlawful manner, and with gross negligence.
Vehicular manslaughter is defined as
Vehicular manslaughter
while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving
was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission
of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act
that might produce death, in an unlawful manner, but without gross negligence.
