Murder falls under the homicide category of crimes. There are several different degrees of murder: first-degree murder, second-degree murder, and manslaughter. First-degree murder means that the killing was premeditated. In California, however, even a killing that wasn’t intentional may be treated as a first-degree murder if it happened during an inherently dangerous felony, such as rape, carjacking, robbery, arson, kidnapping, burglary, or mayhem. This is called the felony-murder rule. All other killings done with malice but without premeditation are considered second-degree murder.
With manslaughter, there are different degrees as well. There are three degrees of manslaughter, which carry different punishments. Voluntary manslaughter is an intentional killing that happened either because of “adequate provocation” or in an unreasonable attempt at self-defense. A voluntary manslaughter conviction carries a sentence of 3 to 11 years in prison. Involuntary manslaughter is an unintentional killing that happened during the commission of a misdemeanor or because of gross negligence (carelessness). Involuntary manslaughter carries a sentence of 2 to 4 years. Finally, vehicular manslaughter is an unintentional killing that takes place after an unlawful act is committed while driving a motor vehicle. Vehicular manslaughter can be prosecuted as either a felony or a misdemeanor.