Accused of Murder or Manslaughter?
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From manslaughter to capital murder, we've successfully defended San Diego's most serious homicide cases. Our experience is your lifeline.

San Diego Homicide Defense

Homicide is the most serious offense you can be charged with. Few things are more frightening, confusing, and intimidating than being accused of killing another person. It can be incredibly tempting to talk about it with someone else, either helping yourself to understand what occurred or perhaps trying to explain your version of events before it spirals beyond control. Exercise your right to remain silent! If you have been arrested or accused of homicide, murder, or manslaughter, the most important things you must know are:

• DO NOT speak to the police
• DO NOT speak to the media
• DO NOT speak to the prosecution
• DO NOT speak to the victim’s family
• DO NOT speak to friends, neighbors, or colleagues about the facts of the case

In fact, DO NOT share the details of your case (or your charges) with anyone – even with your own family. The stakes in a homicide case are extremely high. In many instances, you are facing life in prison. You need to take every move seriously, as you can be assured the prosecution will. The best move you can make is retaining an experienced California homicide lawyer prepared to vigorously defend against your charges. No matter which category of homicide you have been charged with, the San Diego-based David P. Shapiro Criminal Defense Attorneys is ready to defend you each step of the way.

Read about the not-guilty verdicts the Firm recently obtained after trial in a well-publicized El Cajon murder case.

Read the story

Categories of Homicide Charges in San Diego, CA

Homicide is a broad term.  If you have been charged with homicide, you could be facing any of the following charges:

• Murder in the First Degree
• Murder in the Second Degree
• Felony Murder
• Voluntary, Involuntary, or Vehicular Manslaughter

Which type of homicide offense you have been charged with will have a significant impact on your case.  the wide range of the possible outcomes you are facing will all vary based on the state of the evidence against you, the specific charges filed, and the quality of your representation.  The two major categories in homicide cases are charges of murder and manslaughter.

Murder Charges in California

Murder is the most serious homicide charge, broken up into three (3) general subcategories:

1: Murder in the First Degree

First Degree Murder charges are the most serious murder charges, carrying some of the heaviest penalties possible under California law.  For a murder to be proven to occur in the first degree, the murder must have been:

• Premeditated – there is no minimum time frame for premeditation. Even if only for a moment before the act occurred, prior thought can qualify as premeditation.
• Deliberate – to be convicted of murder in the first degree, it must be proven the homicide occurred as a deliberate act – not the result of an accident.
• Driven by malice – a murder in the first degree must also be motivated by some type of malice.

A first-degree murder would include some level of planning and malice aforethought and a voluntary decision to act.

An example of first degree (premeditated) murder would include lying in wait for a victim to return, planning the murder out before acting.

2: Murder in the Second Degree

Murder in the second-degree must meet two of the three components of murder in first-degree, but lack one crucial detail – murder in the second degree is a murder committed without premeditation.  Murders in the second degree are sometimes popularly referred to as “murder of passion”, as they generally occur without forethought, driven by the moment.

The most common example of second degree murder is an argument unexpectedly escalating to violence resulting in death. 

3: Felony Murder

Felony murders are unique from the other two forms of murder.  A felony murder does not need to include premeditation, malice, or intent.  For a felony murder to occur a homicide must occur during the commission of another felony.  Even if the death was accidental, you could be charged with felony murder.

Example: During the commission of a home invasion, the surprised homeowner falls down the stairs, dying from their injuries. 

Manslaughter Charges in California

In California homicide cases, you may not always be charged with murder.  In many situations, without certain elements, manslaughter charges are filed instead.

1: Voluntary Manslaughter

Voluntary manslaughter is the intentional killing of another person, without premeditation.

2: Involuntary Manslaughter

Involuntary manslaughter is a downgraded charge from voluntary manslaughter, lacking any premeditation or intent to kill completely.

3: Vehicular Manslaughter

Vehicular manslaughter charges are used to prosecute those accused of killing another person because of unsafe or negligent use of a motor vehicle.  Vehicular manslaughter charges may often be linked to DUI offenses.

Homicide charges are numerous, complicated, and come with severe consequences for those who get convicted.  If you have been accused of any homicide offense, it is critical that you contact a lawyer who is experienced enough to know how to effectively defend you against such serious charges.

Why You Need a Homicide Defense Attorney—Now

There’s no room for delay in homicide cases. Law enforcement and prosecutors will begin building their case immediately. If you wait too long to get a qualified attorney involved, critical evidence can disappear, witnesses can become unreachable, and your side of the story can get buried.

• You could face 25 years to life—or life without parole.
• In capital cases, the death penalty may be on the table.
• Your bail could be denied altogether.
• A conviction could devastate your family, reputation, and future.

Possible Defense Strategies for Homicide Charges in San Diego

At David P. Shapiro Criminal Defense Attorneys, we build custom defense strategies rooted in facts and forensics. Common defenses include:

Self-Defense or Defense of Others

If you believed your life or someone else’s was in danger, your actions may have been justified.

Mistaken Identity

We challenge ID evidence, build alibis, and question eyewitness credibility.

Lack of Intent

If the prosecution can’t prove intent, charges may be reduced or dropped.

Accident

Unintentional deaths that occur without criminal negligence shouldn’t result in homicide charges.

False Confessions

We expose coerced statements and improper police interrogation tactics.

Police Misconduct or Constitutional Violations

If your rights were violated, we move to suppress tainted evidence and weaken the State’s case.

What to Expect in a San Diego Homicide Case

1. Arrest & Booking

Don’t speak to police without a lawyer present. Bail is often denied in homicide cases.

2. Arraignment

Your first court appearance. We advocate for bail and begin analyzing the case.

3. Preliminary Hearing

The State must show probable cause. We use this hearing to challenge weak evidence.

4. Pre-Trial Motions

Motions to dismiss, suppress evidence, or limit what the jury hears may be filed.

5. Trial or Negotiated Resolution

Some cases settle. Some go to trial. Either way, we’re built for both.

Why Choose David P. Shapiro Criminal Defense Attorneys?

• Proven Results in San Diego Homicide Cases
• Strategic, Relentless Defense Approach
• Respected by Judges & Prosecutors
• Clear Communication Every Step of the Way
• Top-Tier Legal Team on Every Case

We defend good people accused of serious crimes—and we do it with the precision and passion that your life deserves.

Speak With a San Diego Homicide Defense Attorney Today

A homicide charge can feel like the end. We’re here to make sure it’s not.

At David P. Shapiro Criminal Defense Attorneys, we don’t just manage cases—we defend lives. If you or someone you love is accused of murder or manslaughter in San Diego, contact us. We’ll start building your defense today.

Serving clients across San Diego County