Murder is the unlawful killing of another person or fetus with a malice afterthought. Murder is charged under California PC 187 and is one of the most serious offenses for which you can be charged. In California, murder can be first degree, second degree, or capital murder, depending on the circumstances around the commission of the offense. A murder conviction attracts severe legal consequences, including life imprisonment without the possibility of parole. Even when you are released from prison, having a murder conviction could have life-long consequences.

Therefore, if you or a loved one faces murder charges, it is imperative to enlist and retain the services of a knowledgeable criminal defense attorney. At California Criminal Lawyer Group, we understand that facing murder charges puts your future at stake. We will use our knowledge and experience to build a strong defense and ensure the best possible outcome in your case. We serve clients seeking legal guidance and representation to fight murder charges in Santa Ana, CA.

Overview of California Penal Code 187

California PC 187 defines murder as the unlawful killing of another person with a malice afterthought. Murder is one of the most serious offenses you can be charged with, and a conviction attracts severe and life-changing consequences. Therefore, if you face an arrest or learn that the police allege your involvement in a murder, you must proceed with guidance from a skilled attorney.

In California, killing another person could be lawful or unlawful. Murder is the most aggravated form of homicide and is always unlawful. The element distinguishing murder from other forms of killing, like manslaughter, is malice. Both first and second-degree murders require malice, a conscious intent to cause significant bodily injury or death to another person before committing a crime.

Under PC 18, malice can either be implied or expressed. Express malice intends to kill another person, while implied malice on the other hand is when killing results from a dangerous act whose natural consequences are dangerous o the life of other human beings. Murder is classified into different categories:

First Degree Murder

First-degree murder kills another person deliberately, and the crime is always premeditated. Additionally, you could face first-degree murder charges under the following circumstances:

  • You use poison, ammunition, or other weapons to kill the victim
  • Your crime was accomplished by lying in wait
  • You tortured the victim before killing them
  • You killed another person while in the commission of a serious felony like arson, robbery, or rape

Second Degree Murder

If your crime of murder does not fit under first-degree murder, you could face charges for second-degree murder. Often, murder in the second degree does not require proof of premeditation. One common example demonstrating second-degree murder is shooting a gun in a crowded area and killing another person. Even if you did not intend to kill the alleged victim, you could still be charged and convicted of murder.

Capital Murder

Capital murder is a crime whose conviction attracts a death sentence or life imprisonment. Charges for capital murder arise under these circumstances:

  • You have multiple first or second-degree murder charges.
  • Intentional killing for financial gain.
  • You murdered to avoid an arrest and prosecution for another criminal offense.
  • The killing of a federal agent, police officer, or witness to a crime.
  • The murder was a hate crime. Hate crimes are based on a person’s race, religion, or color.
  • You murdered to aid gang activities.

Sentencing and Punishment for Murder in California

The consequences of a murder conviction in California can be life-changing. The penalties that accompany the crime vary based on the degree of murder for which you are charged. A conviction for first-degree murder attracts a minimum prison sentence of twenty-five years. However, if the killing was a hate crime, you could be sentenced to life imprisonment without the possibility of parole.

In the second degree, a murder conviction attracts a prison sentence of fifteen years to life with a possibility of modification if:

  • You have a prior criminal record.
  • You killed a police officer.
  • You commissioned the crime by shooting out of a vehicle.

Capital murder is the most severe form of the crime and a conviction of life imprisonment without a possibility of parole. Although it is rare, you could be handed capital punishment, executed by lethal injection.

In addition to prison time, murder is a strike under California Three Strikes Law. Therefore, future felony convictions could be enhanced.

Penalty Enhancements in a California Murder Case

Murder is in itself a serious offense. The enhancements that tag along a murder charge can add a significant amount of time to your prison sentence. However, the prosecution must prove the murder before introducing the enhancements. If the court does not arrive at a guilty verdict for murder, the enhancements will be irrelevant. Some of the common enhancements for a murder charge include:

Gang Sentencing Enhancement

If you kill while carrying out gang-related activities, you could receive an additional prison sentence of up ten years. When introducing a gang sentencing enhancement, the prosecution must prove that you were an aging member or an associate. Additionally, it must be clear that the organization you are part of is a gang.

Having a Prior Murder Conviction

California law is strict on repeat offenders. If you have had a prior conviction for murder or manslaughter, a conviction under PC 187 may result in life imprisonment without the possibility of parole.

Lying in Wait

Lying in wait is murder, where a person ambushes a victim and kills them. You commit the crime of murder by lying in wait if you lay and wait for an opportunity to kill another person and attack them in an ambush style. Lying in wait could increase the severity of your charges because this factor further proves premeditation. The penalties accompanying a conviction for murder commissioned while lying in wait are severe.

California’s 10-20-life Gun Law

Another common sentence enhancement in murder cases is when a firearm was used to commission the crime. If the prosecutor can prove that you used a gun to kill another person, your murder charges will be more serious, and you could serve an additional prison sentence of twenty-five years.

Legal Defense against California PC 187 Charges

Facing murder charges is an intimidating experience. Often, prosecutors and the police seem to have all the power. The penalties accompanying a conviction for violating California PC 187 could be serious and life-changing. Fortunately, not all arrests will attract a conviction under this statute. The best way to defend yourself against murder charges is by enlisting the services of a knowledgeable criminal defense lawyer. 

The two most common approaches you can take for your defense include filing legal motions to dismiss the charges and presenting legal defenses: Some of the motions you can file to seek a reduced penalty, reduction of the charges, or dismissal of the case include:

     1. Motion to Dismiss Murder Charges

With the guidance of a skilled attorney, you can file a motion to dismiss a murder case under the following circumstances:

  • Lack of the court’s ability to hear your case.
  • An excessive amount of time between the arrest and filing of criminal charges.
  • The prosecutor’s inability to demonstrate a probable cause for arrest and filing of charges at the preliminary hearing.
  • Failure of the [resection to prove all the elements of the crime beyond a reasonable doubt.

     2. Motion to Dismiss Additional Improper Charges

When you are under suspicion of murder, the prosecutor often files an array of criminal charges related to murder to ensure that you do not walk free. Therefore, they decide to file multiple charges hoping that one of them will stick and hold you down before they gather sufficient evidence to convict you of murder. You can have your sentence reduced or even weaken the prosecutor’s murder case against you by filing a motion to dismiss these unsupported charges.

A motion to dismiss improper criminal charges may be brought at any stage of the case and can drastically change the outcome of your murder charge.

     3. Motion to Prevent Prosecution Testimony

Before a murder trial begins, your attorney can file a motion requesting the judge to prevent the prosecution from presenting evidence that wasn’t allowed under the evidence code. The motions to prevent certain testimony are often similar to the motion objections den during the trial. However, the motion brought before the trial explains clearly why the specific evidence cannot be used in your case. Additionally, these motions involve high levels of research to ensure that they are successful.

     4. Motion to Suppress Evidence

This motion addresses your rights which protect you from self-incrimination or illegal searches. When the defense seeks to suppress illegal evidence, the prosecution cannot use it at trial. Some of the evidence collected through illegal searches is the basis of a murder case. Therefore, suppressing this evidence could weaken the case and improve your chances of avoiding a conviction.

With the guidance of a criminal lawyer, you can present the following defenses against your murder charges:

Claim Self Defense or Defense of Others

There are certain circumstances when California law permits killing. When you feel that your safety is threatened, no law prevents you from acting in self-defense. However, you can only argue self-defense or defense of others when the facts. If you attract and kill someone blindly, you may not be able to assert self-defense. You can establish that you acted in self-defense or defense of others by proving:

  • You believed that you or another person was in danger of suffering serious bodily injury or death.
  • You used the force necessary to protect yourself, and the victim’s death was an unfortunate result of your attempt to protect yourself. You are responsible for proving to the court that you did not use excessive force during your trial.

If you are threatened in your home using deadly force, you will not need to justify using force to protect yourself or another person. Proving self-defense can be a challenging defense. Therefore, seeking legal insight is critical.

Accidental Killing

An accidental killing occurs when you cause the death of another person without criminal intent. Also, you can argue that the killing was accidental if your actions were not criminally negligent o you were engaging in a lawful activity.

Insanity

If you have a mental disorder that prevents you from understanding the nature and consequences of your actions, you can plead guilty to murder with the reason of insanity. When you decide to present insanity as a defense to your case, you must present the following evidence:

  • When you violated PC 187 laws, you had a mental disease or defect
  • Owing to the mental defect, you were incapable of comprehending that your actions were both morally and legally wrong

Claiming insanity for your murder trial will not result in an instant release. Since the insanity defense follows a guilty plea, your case will be two phases. The first phase will address the plea, while the second one will address and review your claim of insanity.

Mistaken Identification

The circumstances that surround murder are often complicated. Due to the serious nature of the crime, police officers may be quick to arrest the first person who seems to be connected to the crime. This could result in the arrest and prosecution of the wrong person. Sometimes, eyewitnesses may have their judgment clouded and thus make a wrong identification. Often a murder conviction is made when there is sufficient evidence to tie you to the offense. Therefore, witness testimony may not be sufficient to secure a conviction.

Illegal Search and Seizure

California law allows search and seizure on the property of murder suspects. However, there are limits to search and seizure under the Fourth Amendment. When the police officers cross the line or violate your rights during a search, your attorney can file a motion to suppress the evidence collected. When the court accepts your petition to dismiss evidence collected in an illegal search or seizure, the prosecution may be unable to proceed with the case.

False or Coerced Confessions

When obtaining evidence from witnesses or a defendant during a murder investigation, they must follow the right constitutional protections. If you can prove that the police officer coerced you to make a false confession, the confession will not stand in court. Some of the coercion methods used during interrogation include:

  • Threatening to harm you or your family.
  • Offering lenient treatment in exchange for a confession.
  • Threatening you with a death penalty.

Frequently Asked Questions about California PC 187

Murder is one of the most serious offenses under California law. Facing an arrest and charges for the offense could leave you confused and devastated. Learning how the crime is prosecuted and the factors surrounding a conviction is essential when you want to fight the charges. The following are some commonly asked questions about murder laws in California:

     1. What is the California felony murder rule?

The felony murder rules apply when you kill another person while engaging in a dangerous felony. Recently, the law on felony murder has changed significantly. The old law states that accidental killings which occur during a commission of a felony will be charged as murder. Additionally, all individuals involved in the felony offense would be charged with murder. However, as of September 2018, you can only face murder charges under the felony murder rule if:

  • You were the actual killer.
  • When you acted, you had intentions to kill the alleged victim.
  • You aided, abated, or commanded the actual killer to act.
  • The victim of the crime was a law enforcement officer on active duty at the time of the crime.

     2. Is murder a state or federal-level crime?

A murder case can be prosecuted at the federal or state level, depending on the circumstances of the case. If the killing occurred in California, you would be charged under California Penal Code 187. However, if the illegal activity that resulted in the killing touched interstate commerce, your case will be handled in federal court.

Some of the instances when murder would be prosecuted in a federal court is when it involves drug cartels or gang-related activities. In addition, killing a witness in a state or federal criminal case could attract federal murder charges. Whether your case is charged in state court or federal court, a murder conviction attracts a lengthy prison sentence that ranges from twenty-five years to life imprisonment without a possibility of parole. Therefore, seeking legal guidance when you battle murder charges is crucial.

     3. What is a solicitation of murder?

Many people fail to realize that you do not need to be the actual murderer for you to be charged with murder under California PC 187. There are many occasions where a defendant facing solicitation charges could face harsh punishment as the person who committed the actual murder.

When a murder is premeditated, the law treats all individuals involved in the planning and execution of the crime as serious offenders. If you or your loved one faces charges for solicitation of murder, it is paramount that you seek legal guidance.

     4. If I am convicted of Murder in California, will I spend the rest of my life in prison?

A life sentence is not always the penalty for a murder conviction in California. The penalties for violating CPC 187 vary depending on the degree of murder you are charged. First-degree murder is punishable by twenty-five years to life. However, you may be eligible for parole after spending at least 85% of your sentence. On the other hand, a second-degree murder conviction attracts a fifteen-year sentence.

Offenses Related to Murder in California

Many crimes are closely related to murder because they involve unlawful killing, while others trigger the felony murder rules. Some of the offenses that could be charged together with or instead of PC 187 include:

Attempted Murder

You committed the crime of attempted murder when you intended to kill someone and take a step towards accomplishing the murder. Even when you do not accomplish the crime, a conviction for attempted murder could attract a life sentence. Additionally, you will be required to pay hefty fines.

Voluntary Manslaughter

You can face an arrest and charges for voluntary manslaughter if you kill another person during a sudden quarrel or in the heat of the moment. The most significant difference between first-degree murder and voluntary manslaughter is that a conviction for voluntary manslaughter does not require the prosecution to prove that you acted with a malice afterthought. A conviction n for voluntary manslaughter is punishable with up to eleven years in prison. If you face murder charges, your attorney can convince the prosecutor to offer you a plea deal for voluntary manslaughter. This eliminates the possibility of you spending the rest of your life in prison.

Involuntary Manslaughter

California PC 192(b) defines involuntary manslaughter as the crime of killing another person with conscious disregard for life but without intent or malice. Involuntary manslaughter differs from accidental killing in that involuntary manslaughter occurs when you are involved in an unlawful act or a lawful act involving a high degree of risk. Involuntary manslaughter attracts a prison sentence of two to our years.

Find a Santa Ana Criminal Defense Lawyer Near Me

Facing criminal charges for murder is a terrifying experience regardless of the circumstances that surround your case. California law defines the crime of murder as unlawfully causing the death of another person with a malice afterthought. If you are convicted of murder under CPC 187, you risk facing a lengthy prison sentence, among other serious penalties.

If you face an arrest and charges for murder, hiring a skilled criminal lawyer is one of the wisest decisions you can make for your case. With the help of your attorney, you can build a solid defense to fight the charges and avoid a conviction. At California Criminal Lawyer Group, we put in our time, resources, and effort to defend you against the charges to ensure a favorable outcome. If you or your loved one faces criminal charges for murder in Santa Ana, CA, you will need our expertise by your side. Call us today at 714-844-4151 and allow us to guide you through the challenging legal process.