Being accused of homicide changes everything. One moment, your life feels normal; the next, you’re facing charges that could redefine your future. Every plan you have for the future hangs in the balance and every decision you make now matters. But you’re not just a bystander in this process—you have the power to make informed decisions with proper guidance.

At Keegan Law, we recognize the weight of this moment. We’re not just your legal team—we’re your advocates, guides, and defenders.

Being charged with homicide is a life-altering experience. It’s natural to feel fear and confusion, but your actions in the early stages of your case can affect the quality of your outcome. Here are essential steps to take.

Exercise Your Right to Remain Silent

Every word you speak can be used against you. When in doubt, it is always best to say nothing except to invoke your right to remain silent and ask to speak to your attorney. With an attorney by your side, you drastically reduce the risk of making statements against your best interests. Remember: you can always provide more information—through your attorney, of course—but once you have made statements, you can never get them back.

At Keegan Law, we have seen far too many clients have to sit in court and listen to their own statements played back to them. We have seen their struggle and frustration when their words get twisted and used against them. While we are used to working around harmful statements when we need to, you don’t want to accidentally become the prosecution’s star witness.

Hire an Experienced Homicide Attorney

A skilled San Diego murder defense lawyer will begin crafting a defense tailored to your case. When charged with homicide, you could be facing the most severe penalties California has to offer. You want the person fighting for you to know what they are doing. At Keegan Law, we have represented clients accused of murder and manslaughter and defended them at trial, and you shouldn’t settle for anything less when choosing a criminal defense firm to help you.

Preserve Evidence

With the guidance of an experienced homicide defense attorney, strategize about what evidence may be out there that is helpful for your case. If your attorney requests it, gather any evidence or documentation, such as text messages, emails, or surveillance footage, that may support your version of events.

This is something that not only benefits your case but could also help both you and your family feel less helpless in a process where it initially feels like you have very little control. A good criminal defense attorney understands that a case of this magnitude requires more than just legal knowledge and a good reputation in the legal community. It also requires an open, collaborative environment where everyone can put their heads together and work toward securing you or your loved one the best possible outcome.

Avoid Contact with Witnesses

Remember when we just said to remain silent? This is a similar point, but it’s worth repeating because it is so important. Do not discuss the case with anyone except your lawyer, and do not speak to witnesses. Let your attorney and criminal defense team handle that from the very beginning of your case. Anything you say to anyone could be misconstrued or used against you in court. So instead, partner with your defense attorney to protect your rights, build a strong defense, and ensure a fair trial. 

Now, let’s look at the various types of charges that fall under homicide in California.

Murder is considered the most serious homicide charge. Defined under California Penal Code Section 187, murder is “the unlawful killing of a human being or a fetus with malice aforethought.” Malice aforethought means planning to kill someone (express malice) or acting so recklessly that it shows disregard for human life (implied malice). Murder is further classified into two degrees.

First-Degree Murder

First-degree murder is the most serious form of homicide and can be committed in multiple different ways, as listed in Penal Code Section 189. The type that usually comes to people’s minds first is murder that is willful, deliberate, and premeditated, or murder using specific means such as lying in wait or poisoning. First-degree murder also includes felony murder, where a killing occurs during the commission of certain felonies like robbery or arson. 

A conviction for first-degree murder can result in 25 years to life in prison. This sentence could be even higher when special allegations are included related to firearms, gangs, or other factors. If the case qualifies as a “special circumstances murder” as defined in Penal Code Section 190.2, the individual could also be eligible for the death penalty or life without the possibility of parole (LWOP) if convicted.

Second-Degree Murder

Second-degree murder refers to any other unlawful killing with malice aforethought that doesn’t meet the criteria for first-degree murder. For example, a spontaneous act of violence without premeditation could be considered second-degree murder. 

One specific example that we see charged all too often is referred to as a “Watson murder,” where a person drives under the influence of drugs or alcohol and causes a fatal accident. To qualify as a Watson murder, the driver must exhibit implied malice, meaning they acted with a conscious disregard for human life. This is typically charged when the driver has a prior DUI conviction or has received a Watson advisal, though neither are required for the prosecution to charge you with it. A Watson advisal–which is a formal warning issued during sentencing for a DUI–informs the individual that driving under the influence poses a significant risk of death, and any future DUI-related fatalities could result in murder charges. 

Second-degree murder carries penalties of 15 years to life, with potential enhancements depending on the circumstances of the case.

Ultimately, the main difference between first-degree and second-degree murder lies in the level of intent, planning, and circumstances involved in the act of killing.

Manslaughter

Manslaughter involves unlawful killings without malice aforethought and is categorized into three types as described in Penal Code Section 192:

• Voluntary manslaughter. This type applies to killings caused by intense emotions or sudden arguments—i.e., you committed the crime in the heat of passion. It carries a prison sentence of up to 11 years if convicted.

• • Involuntary manslaughter. This type of manslaughter occurs when a person causes a death through negligence or during the commission of a non-felony crime. Convictions for involuntary manslaughter carry potential sentences of up to four years in prison.

• Vehicular manslaughter. This involves causing a death while driving negligently or unlawfully. Penalties vary depending on whether gross negligence is involved; the most severe form of vehicular manslaughter carries potential prison sentences of up to 10 years, while less serious alleged conduct may only be a misdemeanor.

As you can see, manslaughter is considered a less serious offense than murder. Therefore, it tends to carry significant, albeit less severe, penalties than other types of homicide charges.

Each homicide case is unique, and crafting a strong defense relies on the specific facts and circumstances of your case. At Keegan Law, we meticulously evaluate every aspect of your case to develop the most effective strategy for you, starting from the very first day we begin working together. Your attorney will consider the following defenses and more:

• Self-defense or defense of others. Acting to protect yourself or someone else from imminent harm could be a valid defense under California’s self-defense laws.
• Lack of intent. For charges requiring malice aforethought, demonstrating a lack of intent or premeditation can lead to reduced or dismissed charges, depending on the circumstances.
• Mistaken identity. Misidentifications by witnesses or outright false accusations can lead to wrongful arrests. A thorough investigation can help to uncover the truth.
• Insufficient evidence. Prosecutors must ultimately have enough evidence to prove guilt beyond a reasonable doubt. Highlighting inconsistencies or weaknesses in their evidence, witnesses, and the overall case can drastically improve your odds of a favorable result.
• Accident. If the death resulted from an unintentional act without criminal negligence, it may not constitute a crime under California law.

Seeking guidance from an experienced and well-respected criminal defense firm is crucial to determining the most suitable course of action in such high-stakes cases.

A homicide conviction can leave a permanent mark on your life. Beyond lengthy prison sentences, criminal records, and hefty fines, the collateral consequences can ripple into every aspect of your personal and professional future. A conviction could mean:

• The loss of career opportunities, professional licenses, or educational prospects;
• Strained relationships with family, friends, and loved ones; and
• Ongoing social stigma and isolation.

However, hiring a seasoned defense attorney can give you the best chance of avoiding these consequences.

Facing a homicide charge demands experienced and unwavering legal representation. At Keegan Law, we understand the profound impact these accusations can have on you and your family. Drawing on years of experience, Keegan Law brings a dedicated and strategic approach to every case, offering the following services:

• Thorough investigation and strategic defense. We examine every detail of your case, from the initial investigation to forensic evidence and witness testimony. We develop a comprehensive defense strategy tailored to challenge the prosecution’s case at every turn.
• Client-focused representation. We understand the emotional and legal complexities you face. We provide compassionate, personalized support throughout the process, ensuring you know your rights and options.
• Commitment to achieving the best possible outcome. We are dedicated to protecting your rights and fighting for the most favorable resolution possible, so no matter how anxious or helpless you may feel today, you know there is always hope for you and your loved ones.

Having a dedicated homicide lawyer by your side can give you the peace of mind that no matter what, someone is looking out for you—even if it feels like everyone else is against you.

Attorney Ally Keegan has successfully defended clients in cases involving self-defense claims, mistaken identity, insufficient evidence, and more. Our firm will give you the comfort of knowing you have an experienced San Diego homicide lawyer in your corner, fiercely advocating for your rights and freedom. 

Whether it’s your first time accused of a crime or you’ve been involved in the criminal justice system before, facing criminal charges never gets easier. At Keegan Law, we understand how much you have at stake and know there is no one-size-fits-all approach to criminal defense. That’s why we provide compassionate, personalized representation and work tirelessly to achieve the best outcome for you. Contact us to schedule your confidential case evaluation and begin building your defense today.