Homicide
Penal Code section 187 sets out the definition of homicide in California: “Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.” The current California punishment is life in state prison.
In California, a person can be found guilty of murder at trial under the implied malice theory. Even if the defendant has no intent to kill, he can still be found guilty at trial if the trial of fact (jury) finds his conduct or act was reckless enough.