Murder — California Penal Code section 187

What is Murder under Penal Code Section 187?

California Penal Code Section 187 defines murder as the unlawful killing of a human being or fetus with malice aforethought. This statute categorizes murder into various degrees, each carrying significant legal implications. Understanding these distinctions is essential for anyone facing such charges or seeking knowledge of California’s legal system.

Definition and Types of Murder under Penal Code Section 187

1. First-Degree Murder

First-degree murder involves intentional, premeditated killings. This includes murders committed during specific felonies like robbery or arson. The key element is the deliberate planning and execution of the killing.

2. Second-Degree Murder

Second-degree murder is an intentional killing that is not premeditated. It occurs when the perpetrator acts with malice aforethought but without prior planning. This type of murder often results from reckless or impulsive actions.

3. Capital Murder

Capital murder, or aggravated murder, involves killings with special circumstances, such as the murder of a police officer or multiple victims. Convictions can lead to life imprisonment without parole, although the death penalty is currently not pursued in Los Angeles County.

Legal Consequences of Murder Charges under Penal Code Section 187

Penalties and Sentences

The penalties for murder under Section 187 are severe. First-degree murder can result in 25 years to life in prison, while second-degree murder carries 15 years to life. Capital murder can lead to life without parole. Sentence enhancements are possible if a firearm was used or if the crime was gang-related.

Impact on Criminal Record

A murder conviction under Penal Code Section 187 permanently impacts one’s criminal record, affecting employment, housing, and civil rights. Under California’s “Three Strikes” law, a murder conviction counts as a strike, and accumulating three strikes can result in 25 years to life in prison.

Defenses Against Murder Charges under Penal Code Section 187

Common Defenses

Several defenses can be employed to contest murder charges under Section 187:

Self-Defense

Self-defense is a common defense, where the accused argues they acted to protect themselves or others from imminent harm. If proven, this defense can lead to an acquittal.

Insanity Defense

The insanity defense applies when the accused can demonstrate they were suffering from a severe mental illness at the time of the crime, rendering them incapable of understanding their actions or distinguishing right from wrong.

Lack of Intent

A lack of intent can be a strong defense, particularly in cases where the death was accidental or occurred without premeditation.

Role of Evidence

Evidence plays a crucial role in defense strategies: 

Importance of Forensic Evidence

Forensic evidence, such as DNA, fingerprints, and ballistics, plays a crucial role in murder trials. It can support the prosecution’s case or be used by the defense to challenge the accused’s involvement.

Witness Testimonies

Witness testimonies are vital in murder trials. However, the defense can challenge the credibility of witnesses, especially if there are inconsistencies in their accounts.

The Legal Process for Murder Charges under Penal Code Section 187

 Investigation Phase

The legal process begins with an investigation where law enforcement gathers evidence to build a case against the suspect.

Arrest and Charging

After sufficient evidence is collected, the suspect is arrested and formally charged. The District Attorney decides whether to file charges for first-degree, second-degree, or capital murder.

Trial Process

The trial process includes pre-trial motions, jury selection, and trial proceedings. The prosecution must prove guilt beyond a reasonable doubt. If convicted, the sentencing follows, considering any aggravating or mitigating factors.

Finding Legal Help for Penal Code Section 187 Charges in Los Angeles

Choosing the Right Attorney

Selecting the right attorney is crucial when facing murder charges. An experienced lawyer can significantly influence the outcome of your case.

Why Choose DCD LAW

At DCD LAW, we specialize in defending clients against serious charges like murder. Our attorneys understand the complexities of Penal Code Section 187 and are committed to providing the best possible defense. We are dedicated to protecting your rights and ensuring a fair trial.