Being charged with murder under California Penal Code 187 is a traumatic event any person can ever have to go through. The California justice system is complicated when it comes to the prosecution of murder cases.

California murder offenses are categorized into first-degree or second-degree murders. Upon conviction, possible punishments include the death penalty, lifetime imprisonment, or lengthy imprisonment terms. Due to the steep repercussions, you need a reputable defense lawyer’s help to fight these charges.

This article explains everything you need to know about murder charges, from the degrees of murder to the possible defense and penalties.

Understanding Degrees Of Murder In California

In California, homicide is a broad term that explains the act of one person killing another. It includes legal and illegal killings. Typically, justifiable homicides, those that are supposedly carried out in self-defense or defense of others, are lawful killings that are not prosecuted. On the one hand, unlawful killings are split further between manslaughter and murder, both with their legal definition and punishment.

Penal Code 187(a) punishes the most serious form of unlawful homicide, which is murder. Murder is unlawfully killing someone else or a fetus with malice aforethought. There is a difference between murder and manslaughter, which is usually killing done in the heat of passion or in reckless ways that don’t involve malice.

The concept of malice aforethought is central to the definition of murder in California. This legal term refers to a mental state demonstrating an intent to kill, a conscious disregard for human life, or a reckless indifference to the potential consequences of one’s actions. It is a deliberate or wrongful state of mind that distinguishes murder from other kinds of homicide.

First-Degree Murder

California law considers this type of murder to be the most egregious of all murder categories. This classification involves killing that is premeditated, deliberate, and willful. That means the perpetrator premeditated the act of killing, however briefly. Deliberation is the intentional decision to act free from emotional disturbance or provocation.

There are specific ways of killing that, by their nature, make a homicide first-degree murder. For example, if you kill someone with explosives, poison, or a firearm while you are lying in wait, that is first-degree murder.

First-degree murder is subject to California’s felony murder rule. This rule creates the possibility that the murder type could be charged in the commission or attempted commission of particular inherently dangerous felonies like robbery, arson, rape, or kidnapping if a death results. However, intent to kill is not necessary for this rule to apply; the fact that a death occurred while committing the felony makes it so.

Second-Degree Murder

Killing that is intentional but not premeditated or deliberated is second-degree murder. This means that the perpetrator had no intention of killing but just did it on the spur of the moment.

Second-degree murder could include a person who fires a gun at a crowded place without aiming at a particular person. Even if the action were not premeditated, reckless disregard for human life and resulting death would be second-degree murder under California law.

An implied malice can result in someone being charged with second-degree murder. It happens when a person acts intentionally and shows a reckless disregard for the safety of others by doing something that puts another person’s life at risk.

For example, if you are driving under the influence of alcohol and you kill another person, you could be charged with second-degree murder if you did it with total disregard for the possibility of consequences.

Felony Murder Rule

Under the felony murder rule, you are criminally liable for any death that occurs during the commission or attempted commission of specific felonies, even when the death was unintentional. This rule has been historically broad, but its scope has become limited in recent legislative reforms in California.

The application of the felony murder rule has been limited under Senate Bill 1437, passed in 2019. To be charged with felony murder under the revised law, the prosecution must prove one of the following:

  • You are the real killer

  • You aided and abetted in the killing, intending to kill

  • You were a major participant in the underlying felony and acted recklessly, indifferent to the value of human life

Sentencing And Penalties If You Are Convicted Of Murder

First-Degree Murder

The most severe of all homicide crimes is first-degree murder. It is considered the cruelest crime in California, attracting the harshest penalties. That is why you should speak to a criminal defense attorney to help you avoid harsh sentencing. The court considers the elements elucidated in the sections above to fix the penalties. In addition, the court also looks at your prior criminal record. The sentence includes:

  1. Death sentence; however, capital punishment is currently suspended

  2. Life imprisonment with no chance of parole

  3. A prison sentence between 25 years and life imprisonment

Under certain circumstances, you are given a life sentence without the death sentence. The judge considers the following before preferring your charges:

  • Using explosive devices such as a bomb

  • If you committed the crime as part of a felony crime commission

  • While thwarting a lawful arrest, you committed an offense

  • if you planned to commit the crime for money

The judge could also confer a life sentence if you committed the first degree of the following persons:

  • Judge

  • Prosecutor

  • Firefighter

  • Federal law enforcement officer

  • Peace officer

The most stringent forms of penalties are permitted under state laws if the murder was "especially heinous, atrocious, or cruel, manifesting exceptional depravity."

Second-Degree Murder

Per Penal Code 187, second-degree murder is punishable by 15 years to life imprisonment. However, aggravating factors could increase the sentence, including:

  • If you have a prior murder conviction on your criminal record, the court could give you a lifetime incarnation with no possibility of parole

  • If you murdered a peace/police officer, you serve a prison sentence of 25 years to life

  • If your victim was a law enforcement officer and you intended to kill or use severe physical harm on the officer, the court could sentence you to life in prison without the chance of parole.

What To Do If You Or A Loved One Faces Murder Accusations

A murder accusation is heavy, and the gravity of it feels overwhelming, frightening, and unknown to the future. However, how you react in those first moments and days after the accusation can have a significant bearing on the success of your case. You want to be decisive and wise, and your next steps will help determine the direction of your legal battle. You should do the following:

Secure Legal Representation

Immediate legal representation is the first step when you or your loved one is accused of murder. In a murder case, you risk decades in prison, life without parole, or even the possibility of the death penalty.

Handling the legal process alone is a risk you cannot afford to take. Therefore, you need to retain a defense lawyer. When choosing an attorney, you want somebody with a track record of defending murder cases. They should know the ins and outs of the California criminal justice system.

A good lawyer will look at the prosecution’s side evidence against you, find weaknesses in the prosecution’s case, and build a tailored defense strategy in your circumstances. In addition, they will act as a buffer, protecting you from aggressive questioning by law enforcement and guaranteeing that your rights are protected at all points of the process.

A defense is just one part of what legal representation can do—it provides a lifeline. You obtain expert legal counsel and an advocate who will fight tooth and nail to secure your release from jail. This is the basis for any successful defense against a murder charge.

Exercise Your Right To Remain Silent

Upon arrest of a criminal offense in California, you have the right to remain silent. This constitutional protection, embodied in the Fifth Amendment, protects you against self-incrimination.

Moments after an arrest are full of tension and uncertainty. Without proper legal advice, speaking can be more harmful than beneficial. The police can sound empathetic, asking seemingly harmless questions to gather information. The police are not out to exonerate you but are trying to build a case against you. No matter what you say, it can be twisted out of context and used to support the prosecution’s narrative.

It does not mean you ignore the police. Instead, you should calmly and respectfully tell them you will not answer questions without your attorney present. This simple declaration ends interrogations and prevents you from ruining your case.

Denying guilt can be misinterpreted as lies or introduce inconsistencies that investigators can exploit. Your attorney should speak to law enforcement and ensure your statements are as carefully crafted and strategically sound as possible.

Gather Evidence

The process of collecting evidence should start before your arraignment in court. The evidence your defense lawyer presents can make or break your case. If the evidence you build is not preserved immediately, memories fade, surveillance footage is overwritten, and physical evidence becomes lost. For this reason, you must act quickly, ideally under the supervision of your attorney, to be sure you gather enough evidence. It can be as simple as retrieving video recordings, finding witnesses, or documenting whether you were in the same place at the same time as the alleged crime. Still, the goal is to build a narrative opposite to the prosecution’s version of events.

Sometimes, your defense team will hire investigators to discover things the police ignored or did not consider. These professionals can also find witnesses who might testify on your behalf or who could cast doubts in the narratives of those who accused you of wrongdoing. Forensic experts may also analyze physical evidence such as fingerprints, blood samples, or ballistics to challenge the prosecution’s claims.

You want to prevent losing your evidence through the preservation of electronic evidence. In today’s digital age, your emails, text messages, social media posts, and GPS data often make compelling alibis and sometimes destroy the credibility of your accusers. However, the problem with digital evidence is that it can be quickly deleted or manipulated, so you must secure these records as soon as possible.

Mental Health Evaluation

During legal proceedings, a complete psychological evaluation is a step sometimes forgotten. The assessment is a medical understanding of how much stress and trauma such accusations can create for someone.

Mental health evaluations have many purposes in murder cases. Firstly, they reveal a person’s psychology at the time of the alleged crime. However, if your behavior was a result of your mental health, this evaluation could be used to help identify important mitigating factors.

California courts recognize that mental health conditions, including temporary psychosis, severe depression, and PTSD, can significantly impact actions or decisions. The court can reduce your charges or even reach a not-guilty verdict if you present credible mental health evidence.

Your attorney could hire a licensed forensic psychologist or psychiatrist to perform your mental health evaluation. These professionals assess people fighting criminal cases and give objective views about their mental and emotional states. During the assessment, the expert may explore your medical history, past trauma, psychological conditions, and circumstances of the alleged crime.

Legal Defenses If You Are Facing A Murder Charge

If a murder charge can mean life-changing consequences, certain defenses may apply to your case. The strength of each defense varies with the evidence and the facts of each case. Here are legal defenses and how they can be used to fight against murder charges.

Self-Defense

Self-defense is a solid legal defense when you are accused of murder. The law allows your right to protect yourself or others against imminent harm, even if that means someone dies. Reasonable under the circumstances means you had to do what you did to protect yourself.

You must show that you or another person believed an immediate threat of great bodily harm or death existed. The same is true; for example, if someone lunges at you with a weapon and you respond with lethal force, your actions may satisfy the law’s definition of self-defense. But your response has to be proportional to the threat. If you use deadly force against a minor threat, it may erode your claim.

Under California law, they also consider whether you had a chance to retreat or de-escalate. There’s no strict duty to retreat, but showing no alternative can help your case. Surveillance footage, forensic reports, and expert testimony can all be evidence. But the court may reject your defense if you started the fight or acted maliciously.

Insanity Defense

The law allows you to protect yourself or others against imminent harm, even if that means someone dies. Reasonable under the circumstances means you had to do what you did to protect yourself.

You must show that you or another person believed an immediate threat of great bodily harm or death existed. For example, if someone lunges at you with a weapon and you respond with lethal force, your actions may satisfy the law’s definition of self-defense. However, your response has to be proportional to the threat. If you use deadly force against a minor threat, it may erode your claim.

The court could also determine whether you had a chance to retreat or de-escalate. There’s no strict duty to retreat, but showing no alternative can help your case. Surveillance footage, forensic reports, and expert testimony can all be evidence. But the court may reject your defense if you started the fight or acted maliciously.

Lack Of Intent

Intent is a significant element in any murder case that the prosecution must prove. California law requires evidence of intent that the defendant acted purposely with malice aforethought. This may be a strong defense if it can be proven that you did not intend to kill. Without intent, charges could be reduced, dismissed, or a not guilty verdict.

Your state of mind during the alleged crime—that is called intent. To secure your conviction for first-degree murder, prosecutors must prove that there is premeditation and deliberation. But if the death was not the result of planning or murder, you might claim you did not have the intent to kill. Such arguments could lower your charge down to manslaughter or second-degree murder, both of which attract less severe penalties.

A lack of intent defense depends upon substantial evidence of planning or malice. You can undermine the prosecution’s claims that the act was intentional through testimony, forensic findings, and situational factors.

Contact a Criminal Lawyer Experienced with Murder Cases Near Me

Being charged with a PC 187 violation is serious and life-altering. You could be sent to prison for 15 years to life in prison if you are found guilty. Therefore, if you or a person you know faces a murder charge, hire an experienced defense attorney. They should defend your rights and build a strong defense.

If you are in the Los Angeles area, we at the Los Angeles Criminal Lawyer will help you maneuver the justice system and tailor solid defenses. For a confidential consultation, please call us at 310-502-1314.