Blair Defense Criminal Lawyers | February 25, 2025 | California Law
If someone close to you has died by suicide and you learn that authorities may be looking into possible criminal liability, you could feel terrified and confused about your legal rights. In California, you may wonder whether you can be charged for “causing” another person’s suicide, and the legal questions surrounding this issue can be complex.
If you’re worried that you could be prosecuted or if you’re a defendant facing charges, working with a knowledgeable criminal defense lawyer is critical to protecting your rights and understanding your options.
Assisted Suicide Laws in California
California takes assisted suicide very seriously under Penal Code 401. If you deliberately help, advise, or encourage someone to end their own life, you could face criminal charges. This means providing necessary equipment or verbal support – like guiding, advising, or offering direct encouragement – may all be considered forms of aiding in a suicide.
The law also focuses on the word “deliberately,” meaning your assistance must be intentional, not accidental. If the person does end their life or attempts to, the individual providing help can face legal repercussions.
Exception For Doctors
Under the End of Life Option Act, doctors in California can legally prescribe medication for terminally ill patients who wish to end their lives, but they cannot administer those drugs themselves. If a doctor or anyone else actually administers the medication, it could be considered euthanasia – deliberately ending a person’s life to relieve suffering. This can lead to murder charges.
Without the patient’s clear consent, the person administering the drugs may face serious charges, such as second-degree murder, manslaughter, or criminally negligent homicide. When someone has provided consent, it may result in assisted suicide charges, which can still carry legal consequences.
Penalties For Assisting Suicide in California
Violating the law against assisting suicide is classified as a felony offense in California. If convicted, you could be sentenced to up to three years in prison, ordered to pay a fine of up to $10,000, or both. Depending on the circumstances, the court can also grant formal (felony) probation instead of a prison sentence.
Legal Defenses to Causing Someone’s Suicide Charges
Facing charges for assisting suicide can feel overwhelming, but there are several possible defenses that may apply in your case. Below are a few common strategies:
No Deliberate Intent
To face a conviction, prosecutors generally need to prove that you knew exactly what you were doing and intended to aid in or encourage the suicide. If you can show your actions were accidental or that you had no idea what the other person was planning, it weakens the prosecution’s argument that you acted knowingly and deliberately.
Protection Under the End of Life Option Act
Doctors who provide life-ending prescriptions under California’s End of Life Option Act are protected by law as long as they follow the rules set out for terminally ill patients. If you acted strictly under this act’s guidelines, you may be able to argue that you complied with all legal requirements and should not be charged with the crime of assisted suicide.
No Suicide Attempt Made
Sometimes, law enforcement will investigate your actions even if a suicide did not ultimately occur. If you can demonstrate the individual never attempted to end their own life or that no real harm happened, it could challenge the basis for the charge. Without a suicide attempt, there’s not going to be any evidence supporting the claim that you “helped” or “encouraged” anything to actually happen.
Contact a San Diego Criminal Defense Lawyer at Blair Defense Criminal Lawyers Today For Help
For more information, please contact the San Diego criminal defense attorneys at Blair Defense Criminal Lawyers for a free consultation, give us a call at (619) 357-4977, or visit our convenient location:
Blair Defense Criminal Lawyers – San Diego Criminal Defense Law Firm
255 Broadway, Ste 1740. San Diego, CA. 92101
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