SAN BERNARDINO CRIMINAL DEFENSE · SINCE 1974
Murder and Homicide Defense in San Bernardino
A homicide charge carries the most serious consequences in California law. Understanding exactly what the prosecution must prove is the starting point for your defense.
When the accusation is homicide.
Homicide is a broad term for one person causing the death of another. Not every homicide is a crime, and not every criminal homicide is murder. The difference between murder, manslaughter, and lawful self-defense often turns on intent, belief, and seconds of conduct.
James M. Glick has practiced criminal defense since 1974. A San Bernardino native, he handles cases almost entirely in San Bernardino County, where homicide cases are prosecuted by the San Bernardino County District Attorney. If you or a family member has been arrested, stop discussing the facts with anyone except counsel, including on jail phones, which are commonly recorded.
Murder, degrees, and manslaughter under California law.
Penal Code § 187 defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Under § 188, malice may be express (a deliberate intention to unlawfully kill) or implied (for example, circumstances showing an abandoned and malignant heart). Section 188 also provides that, except as stated in § 189(e), malice may not be imputed to a person based solely on participation in a crime.
- First degree murder (§ 189). Includes willful, deliberate, and premeditated killings, killings by specified means such as poison or lying in wait, and certain killings during listed felonies such as robbery, burglary, or carjacking. Under § 190, punishment is 25 years to life, life without parole, or death, depending on special circumstances.
- Second degree murder. All other murders. The base term under § 190 is 15 years to life, with longer terms in specified situations.
- Manslaughter (§ 192). An unlawful killing without malice. Voluntary manslaughter involves a sudden quarrel or heat of passion; involuntary manslaughter involves an unlawful act not amounting to a felony, or a lawful act done without due caution.
- Attempted murder (§§ 664/187). If the attempt is found to be willful, deliberate, and premeditated, § 664 provides life with the possibility of parole; otherwise the term is five, seven, or nine years.
| Code section | Why it matters |
|---|---|
| Penal Code § 187 | Defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. |
| Penal Code § 188 | Defines express and implied malice and bars imputing malice based solely on participation in a crime, except as stated in § 189(e). |
| Penal Code § 189 | Separates first and second degree murder and limits felony-murder liability for participants who did not kill. |
| Penal Code § 190 | Sets punishment: 25 years to life, life without parole, or death for first degree; generally 15 years to life for second degree. |
| Penal Code § 192 | Defines voluntary, involuntary, and vehicular manslaughter as unlawful killings without malice. |
| Penal Code § 664 | Sets punishment for attempts, including life with parole for willful, deliberate, and premeditated attempted murder. |
| Penal Code § 1172.6 | Petition process for certain murder, attempted murder, and manslaughter convictions affected by the 2019 changes to §§ 188 and 189. |
Self-defense and other defense issues.
California recognizes that a homicide can be justifiable. Penal Code § 197 lists situations including resisting an attempt to murder or inflict great bodily injury, and lawful defense of oneself or family members when there is reasonable ground to fear a felony or great bodily injury and imminent danger. A person who started the fight or engaged in mutual combat must have really and in good faith tried to stop fighting first.
Depending on the evidence, other issues may matter as much:
- Identity. Eyewitness reliability, video, cell-phone location data, and forensic testing.
- Intent and mental state. Whether the evidence supports malice, premeditation, or only a lesser offense.
- Causation. Whether the accused’s act actually caused the death.
- Lawfully obtained evidence. Whether statements, searches, and warrants meet legal requirements.
Felony murder after SB 1437.
Senate Bill 1437, effective January 1, 2019, narrowed murder liability for people who took part in a felony but did not kill anyone. Under § 189(e), a participant in a listed felony in which a death occurs is liable for murder only if the person was the actual killer, aided the actual killer with intent to kill, or was a major participant in the felony who acted with reckless indifference to human life. A separate rule applies when the victim is a peace officer killed while performing their duties.
For people already convicted under older theories, Penal Code § 1172.6 provides a petition process to seek vacatur of certain murder, attempted murder, or manslaughter convictions. Eligibility depends on how the case was charged and resolved.
How homicide cases move in San Bernardino.
A person arrested on a homicide charge is typically booked at a county facility such as the Central Detention Center or the West Valley Detention Center. Bail may be denied or set very high in murder cases. Felony proceedings in the San Bernardino district are generally held at the San Bernardino Justice Center, 247 W. 3rd Street.
After arraignment, a felony complaint is usually followed by a preliminary hearing, where a judge decides whether there is enough evidence to hold the case for trial. Discovery often includes autopsy, forensic, and digital evidence. Murder, voluntary manslaughter, and attempted murder are serious and violent felonies under California law, so a conviction can count as a strike in any future case.
Common questions about murder charges
What is the difference between murder and manslaughter in California?
The key difference is malice. Murder under Penal Code § 187 requires malice aforethought, either an intent to kill or implied malice. Manslaughter under § 192 is an unlawful killing without malice, such as a killing in a sudden quarrel or heat of passion, or a death caused by an unlawful act not amounting to a felony. The distinction has a major effect on sentencing.
Is self-defense a defense to murder in California?
Yes, when the facts support it. Penal Code § 197 recognizes justifiable homicide, including lawful defense of oneself or certain family members against an imminent danger of a felony or great bodily injury. Whether a jury accepts self-defense depends on the evidence about what the person reasonably believed and did. An honest but unreasonable belief can raise other legal issues.
Can you be charged with murder if you did not kill anyone?
Sometimes, but California narrowed this in 2019. Under Penal Code § 189(e), a participant in a listed felony in which someone dies is liable for murder only if they were the actual killer, aided the killer with intent to kill, or were a major participant who acted with reckless indifference to human life, with a separate rule for peace officer victims.
Is attempted murder a strike in California?
Yes. Attempted murder is listed as both a serious felony under Penal Code § 1192.7(c) and a violent felony under § 667.5(c). A conviction can count as a strike, which can increase the sentence for a future felony conviction. Murder and voluntary manslaughter are also on both lists.
Can murder charges be reduced or dismissed?
Depending on the evidence, a murder charge may be challenged at the preliminary hearing, through pretrial motions, or at trial, and in some cases a resolution to a lesser offense such as manslaughter may be negotiated. No attorney can responsibly predict the outcome before reviewing the full record.
Talk with counsel before you talk with anyone else.
If you or a family member is facing a homicide investigation or charge in San Bernardino County, call James M. Glick’s office at (909) 889-1446 to request a consultation.
Call the OfficeGeneral California legal information, reviewed 2026-10-18. The charge, facts, prior record, and law applicable to the case control the available defenses and remedies. Past results do not guarantee a similar outcome. Contacting the office does not establish an attorney-client relationship.