Assisted Suicide

Committing suicide or taking your own life is not a crime in California. However, if you aid or encourage another person to engage in the act, you could face an arrest and charges under PC 401. Before you face a conviction for assisted suicide, the prosecution must prove that another person committed or attempted to commit suicide.

Besides, they must show your role in encouraging, aiding, or advising the person to go through with the act. A conviction under this statute will see you spend time in prison and pay hefty fines. Additionally, you will have a permanent felony record that can prove challenging to shake off.

You will require the expert guidance we offer at the Law Offices of Anna R. Yum if you face charges for assisted suicide. Our knowledgeable attorneys will work hard to protect your constitutional rights. Additionally, they will help you build a solid defense and secure a favorable outcome in your case.

An Overview of Assisted Suicide in California

The issue of assisted suicide is a contentious subject in legal and ethical debates. It involves the assistance provided to a person, usually by a medical professional or another individual, to end their own life. As society battles with questions of suffering and the importance of life, the law must balance protecting vulnerable individuals and respecting personal choices.

California law addresses the right of individuals to end their lives under certain conditions. The framework intersects with Penal Code 401, which addresses the criminal implications of assisted suicide.

In California, the concept of assisted suicide is different from euthanasia. Euthanasia involves directly administering lethal substances to a patient. On the other hand, assisted suicide consists of providing the means for a person to take their own life. Understanding California law on assisted suicide requires a detailed analysis of Penal Code 401.

Under California Penal Code 401, it is unlawful to assist or encourage someone else to commit suicide. When you face charges for this crime, the prosecution must establish these elements:

A person Committed Or Attempted To Commit Suicide

The initial element that the prosecuting attorney must prove under PC 401 is that another person committed or attempted to commit suicide. Suicide occurs when a person takes their life. Under California law, suicide is not a crime. However, there are situations under which you could face criminal charges for attempting to take your life. You can face criminal charges if you make a suicide pact with another person and you survive.

A suicide pact is a plan to take your life together with another person. If the attempt fails, the surviving party can face an arrest and criminal charges.

You Intentionally Encouraged, Aided, or Advised the Person to Commit Suicide

The court will find you guilty of assisted suicide if the prosecutor can prove that you aided or encouraged the act. The prosecuting attorney must also prove that the actions were willful or deliberate.

Aiding a suicide does not mean you are physically involved in the act. Providing physical support for committing suicide constitutes direct assistance. Indirect aid, on the other hand, means you offered encouragement and advised the person to kill themselves. The facts that the prosecuting attorney will need to prove this element include:

• Encouragement. Encouraging a person to commit suicide is the verbal support you offer toward their decision.
• Advice. The court can find you liable under PC 401 for advising someone to commit suicide. You can offer advice by explaining effective ways through which the person can take their life.
• Providing means. You provide a means for a person to commit suicide by furnishing them with the necessary tools to accomplish the act. The tools to commit suicide could include weapons, drugs, and other lethal items.

End of Life Option Act as an Exception to Penal Code 401

In 2015, California passed the End of Life Option Act. The EOLOA provides a legal framework for terminally ill adults to seek help in dying under specific circumstances. The End-of-Life Option Act is an exception to prosecution under assisted suicide laws. However, the exception will only cover medical practitioners who follow the proper channels. The key elements of the End of Life Option Act include:

• Eligibility. The EOLOA is legally available to adult patients with a diagnosis of a terminal illness. Additionally, they must live in California and have less than six months. Before prescribing lethal medication, a physician must ascertain the patient’s mental condition.
• Voluntary request. A patient must voluntarily request aid in dying, which makes the decision free from coercion. They must make this request in writing and with the consent of two witnesses, who confirm the patient’s understanding of the consequences of their decision.
• Waiting period. The law requires a waiting period, during which the individual may change their mind. After receiving a request, a physician must wait up to fifteen days to prescribe the drugs. The waiting period gives the patient time to reconsider their decision.
• Role of physicians. Physicians can prescribe medication that the patient can self-administer to end their life. However, administering lethal drugs to a patient can result in criminal charges under PC 401.

The EOLOA affects how California law treats assisted suicide. If you are a physician facing charges for assisted suicide, you can use this exception to avoid criminal liability.

Penalties for Assisted Suicide in California

A violation of California PC 401 is a felony. Your conviction for the offense will result in the following criminal penalties:

• A sentence of sixteen months, two or three years in prison
• Fines not exceeding $10,000
• Formal probation

The court can sentence you to probation instead of incarceration for your assisted suicide offense. With probation, you will serve a part of your prison sentence in community service. Formal probation lasts for up to five years. When sentencing you to probation, the court may impose some conditions you must follow. Common conditions of felony probation for this offense include:

• Avoid engaging in further criminal activities.
• Attend group and individual counseling sessions.
• Pay your court fines.
• Complete the set hours of community service.

If you violate the probation conditions, the judge can revoke your probation. After a probation revocation, the judge can sentence you to your offense’s maximum or original prison time.

Collateral Consequences of an Assisted Suicide Conviction

The consequences of a conviction for assisted suicide do not end when you serve your sentence and pay your fines. The conviction will remain on your record. In California, criminal convictions are public records. Therefore, a person who performs a background check on you can find the conviction and use it against you. The lasting consequences of a PC 401 conviction include:

Immigration Consequences

Assisting a person to commit suicide is a crime of moral turpitude. Therefore, if you are an immigrant facing charges for this offense, you risk severe immigration action. After your conviction, you can face deportation or inadmissibility. Deportation involves forceful removal from the country. On the other hand, inadmissibility means you cannot return to the country you left.

Difficulty Obtaining Employment

Most employers will check your background before offering you a job. An employer can use your conviction for assisted suicide as a basis to deny your employment. Loss of employment opportunities can take a toll on your financial life and livelihood.

Loss of Professional License

A felony conviction can have devastating effects on your career for professions that require a practice license. Most licensing boards require self-reporting in case of a sentence. However, they still receive reports from the law enforcement department. After learning of your conviction under PC 401, you could face an investigation and potential disciplinary action.

Assisted suicide is a serious felony that could result in the loss of your professional license through revocation or suspension.

Loss of gun rights

In California, citizens over 18 can purchase, use, or possess firearms. However, a criminal conviction can cause you to lose your firearm rights. After a felony conviction, the judge can mandate that you surrender all firearms to the nearest law enforcement department. Additionally, the judge can impose a lifetime firearm ban against you.

Social stigma

Helping another person commit suicide is morally frowned upon. Therefore, you might notice a change in how people interact with you after the conviction. Having the sentence can cause social isolation and depression.

Legal Defenses Against Assisted Suicide Charges

California law recognizes the seriousness of assisted suicide since it involves the intentional facilitation of ending someone’s life. The stakes are high for defendants facing charges for assisted suicide.

You risk a lengthy prison sentence and lasting consequences after your conviction. Therefore, you must aggressively fight the charges to avoid a conviction. With the guidance of your attorney, you can present the following defenses against your PC 401 charges:

Lack of Intent

The prosecution must prove your intent to aid or encourage the alleged victims’ acts. Additionally, they must establish that your actions were deliberate. A common defense to a charge under PC 401 is the lack of intent to aid, advise, or encourage suicide. Having a conversation with another person about suicide or related acts will not count as an encouragement to commit suicide.

For example, if a person wants to commit suicide, you could express your sympathy and offer advice. Unfortunately, other people can misinterpret your advice as an encouragement to go through with suicide. Proving intent is often challenging for the prosecution. Therefore, you can avoid conviction for the offense.

No Assistance or Encouragement

PC 401 makes it a crime to assist, advise, or encourage another person to commit suicide. Therefore, the prosecution must prove your actions before the conviction. The prosecutor can use physical evidence like recordings or witness testimony to prove this fact. You could avoid a conviction under PC 401 if you prove that you did not assist or encourage the victim.

False Allegations

Assisted suicide is a felony with the potential for life-changing consequences. It is not uncommon for the family members of a deceased family member to accuse their former friends, counselor, or therapist of this offense. If a person confides in you about their suicidal thoughts, you are not liable for their actions. Unfortunately, bereaved family members try to justify their loved ones’ deaths by pinning blame.

Facing a conviction for assisted suicide based on false allegations is traumatizing. You will need a skilled attorney to help uncover the false allegations in this predicament. You could use therapy notes, messages, or emails to prove you did not commit the crime.

First Amendment Defense

The First Amendment guarantees freedom of speech. Any law that restricts speech is tailored to serve a significant government interest. You can use your freedom of speech defense if you face charges under PC 401 based on your speech. Under this theory, you can argue that you exercised your right to express an opinion protected under the U.S. Constitution.

However, the defense of freedom of speech does not always succeed. The courts will likely balance the constitutional right to free speech with the state’s interest in preventing death.

No Suicide Attempt

The prosecutor must establish that a person committed or attempted to commit suicide to secure a conviction under PC 401. You could avoid a conviction under this statute by arguing that there was no suicide attempt. Even when you provide a person with the means, the court cannot find you liable if the person decides against suicide.

You Acted in Accordance to the End of Life Option Act

There is an exception to criminal liability under PC. The exception occurs if a defendant’s actions fall under the End of Life Option Act. Under the EOLOA, physicians can aid terminally ill patients in ending their lives.

Although a physician can prescribe lethal medication for the patient, they cannot administer it. Before prescribing the drug, you must ensure that the patient is an adult and in the right mental state. As a physician, you can use this defense for your case if you follow the proper protocols.

Commonly Asked Questions under California PC 401

The laws on assisted suicide in California are complex. Therefore, many defendants facing charges for the offense are unsure of the correct way to proceed. These are the commonly asked questions regarding assisted suicide in California:

How does assisted suicide differ from murder?

Assisted suicide involves providing a person with the means or information necessary to end their life. The End of Life Option Act allows terminally ill patients to seek help in ending their lives. However, the patient must meet the eligibility for this act.

Physicians who help patients end their lives will only prescribe the drugs and not administer them. Defendants facing charges for assisted suicide play a passive role in the victim’s death. A conviction for assisted suicide attracts a prison sentence of up to three years.

Murder is the unlawful killing of another person with malice aforethought. When you face charges for this offense, the prosecuting attorney must prove that you acted with the intent to cause serious harm or death to the victim. Defendants facing murder charges have an active role in the victim’s death. Murder is an aggravated felony that attracts a sentence of life imprisonment.

What is criminal euthanasia?

Criminal euthanasia is an intentional act of ending another person’s life to relieve their suffering. California law classifies euthanasia as a homicide when it is carried out by someone other than the victim. Causing the death of another person can result in an arrest and charges. You will face these charges even when you intend to end the person’s suffering.

You could face murder or manslaughter charges for active euthanasia. In this case, the prosecuting attorney must establish that the circumstances of your case do not fall under the End of Life Option Act.

What happens if I aid a person in committing suicide and they survive?

Under California law, assisting or encouraging someone to commit suicide is a violation of PC 401. You will face criminal charges regardless of whether the person accomplished the suicide act. If a person survives after you helped them commit suicide, you will not face charges for assisted suicide.

Instead, the prosecution will file charges for attempted assisted suicide. A conviction for this offense will attract these penalties:

• A prison sentence of up to 18 months
• Felony probation
• Fines of up to $5,000

Is Expungement Available for Penal Code 401 Conviction?

Yes. An assisted suicide conviction can have lasting effects on your personal and professional lives. Fortunately, you can avoid the disabilities of the felony conviction by seeking an expungement. Under California PC 1203.4, an expungement involves the withdrawal of your no-contest or guilty verdict. You will exchange the verdict with not guilty before a case dismissal.

You can expunge your PC 401 conviction if you meet eligibility requirements. The criteria include:

• Successful probation completion. Successful probation completion means you served the full term and followed all the conditions.
• At least two years have passed since the completion of your case. You must wait two years after your conviction to file an expungement petition.
• You are not facing additional charges. When you petition the court to expunge your conviction for assisted suicide, you should not have pending criminal charges.

Expunging your conviction will involve filing a petition with the court and attending a hearing. After a successful PC 1203.4 petition, you can answer no about your conviction. Although the conviction can still appear on your record, potential employers cannot use it against you.

Crimes Related to Assisted Suicide

Assisting or encouraging someone else to commit suicide attracts serious charges under PC 401. In your case, the prosecution can introduce charges for the following related crimes:

Voluntary Manslaughter

Under California PC 192, voluntary manslaughter is the unlawful killing of someone else in the heat of passion. The prosecution must prove the following elements to secure a conviction under this statute:

• Someone provoked you.
• You acted under intense emotions as a result of the provocation.
• The level of provocation you experienced could have caused a reasonable person to react harshly.

A conviction for this offense is punishable by:

• A prison sentence of 3, 6, or 11 years
• Felony probation
• Fines of up to $10,000
• A strike under California’s three strikes law

Murder

Murder is the unlawful killing of another person with malice aforethought. Unlike assisted suicide, where you take a passive role in the act, murder involves taking an active role in causing death. California PC 187 classifies murder into first and second degrees. Causing death under these circumstances will result in murder charges:

• Inflicting torture on the victim
• Lying in wait
• Causing death while committing another felony
• Premeditated killing

Other forms of unlawful killing that do not fall under these categories fall under second-degree murder. A murder conviction in California can result in life imprisonment or capital punishment. You will require the guidance of a skilled defense attorney if you face charges of assisted suicide or murder.

Find a Competent Criminal Lawyer Near Me

Assisted suicide remains a complex and emotionally charged issue in California. PC 401 criminalizes the act of assisting in suicide. However, the End of Life Option Act provides a regulated framework for physician-assisted death in cases of terminal illness.

You risk an arrest and charges for encouraging, helping, or advising someone else to kill themselves. Aiding a suicide involves giving the other person the tools they need to commit suicide. Encouraging or advising suicide involves counseling someone else to commit suicide. Assisted suicide is a serious felony offense that attracts a prison sentence of up to three years.

The consequences of a conviction for assisted suicide go beyond prison time, fines, and probation. The conviction will leave a permanent record that can impact your personal and professional lives. If you or a loved one faces charges for violating PC 401, hiring and retaining a criminal attorney will go a long way for your case. At the Law Offices of Anna R. Yum, we offer expert legal guidance for our clients battling different criminal charges in San Diego, CA. Contact us at 619-493-3461 to discuss your case.