Understanding First Degree Murder in California

According to FindLaw, the unlawful killing of a human being, known as homicide, can be classified as either murder or manslaughter [1].

Murder requires a showing of “malice aforethought,” which refers to the defendant’s intent or state of mind. To prove a murder, the prosecutor must show that the defendant had express or implied malice. Express malice means that the defendant deliberately intended to commit murder

First vs. Second-Degree Murder

California law distinguishes between first and second-degree murder. First-degree murder involves premeditation, deliberate planning, and intent to kill, reserved for particularly heinous crimes.

Specific circumstances must be met for a first-degree murder charge, such as using weapons of mass destruction, bombs, explosive devices, armor-piercing ammunition, poison, or firearms fired from a vehicle. It also includes killings that involve lying in wait, torture or occur during the commission of felonies like burglary, robbery, rape, or kidnapping.

If the victim survives three years and one day after the date when the cause of death allegedly occurred, California state laws include a presumption that the killing was not a criminal act of murder or manslaughter. The prosecutor must rebut the presumption in order to pursue a first degree murder charge

Also Read: California Second Degree Murder Laws

Examples of First Degree Murder in California

To be charged with first-degree murder, it must be demonstrated that the act was premeditated and planned. Examples of scenarios leading to first-degree murder charges include:

Traveling to someone’s residence with the intent to kill.
Ambushing someone upon their return to their home or vehicle.
Committing a murder using a destructive or explosive device.
Shooting victims during the commission of crimes such as robbery or burglary.

These circumstances underscore the deliberate and intentional nature required for first-degree murder charges in California.

First Degree Murder Penalties in California

According to WKL, capital murder is the most severe charge under California murder law. If your case includes special circumstances that elevate first-degree murder to capital murder, you could face the death penalty or life without the possibility of parole (LWOP) [2].

The punishments for capital murder include:

Death Penalty: Either via gas chamber or lethal injection.
Life Without Parole (LWOP): A prison sentence for the remainder of your life without the possibility of parole.

Penalties for First-Degree Murder
If you are convicted of first-degree murder under California Penal Code Section 187, you face 25 years to life in state prison. This means that your sentence will be a minimum of 25 years, with the possibility to extend to as long as your lifetime.

If the murder was classified as a “hate crime”—based on the victim’s race, religion, gender, disability, sexual orientation, or nationality—the sentence is life without the possibility of parole.

Penalties for Second-Degree Murder
A second-degree murder conviction under California Penal Code Section 187 results in a sentence of 15 years to life in state prison. However, certain circumstances can increase this sentence:

Prior Murder Conviction: Life without the possibility of parole.
Drive-By Shooting: 20 years to life if the victim was killed by firearm shots from a vehicle with intent to cause serious injury.
Peace Officer Victim: 25 years to life, or life without the possibility of parole if the officer was killed intentionally, with great bodily injury, or with a deadly weapon or firearm.

Defending First Degree Murder Charges in California

Being charged with first-degree murder does not mean you are automatically guilty. Under the law, you are presumed innocent until proven guilty, and the prosecution must prove each element of the crime beyond a reasonable doubt to secure a conviction.

As a criminal defendant facing first-degree murder charges in the state of California, you have certain fundamental rights, including the right to an attorney, and choosing an experienced defense attorney to represent you in your criminal case is one of the best decisions you will make.

A skilled criminal defense attorney will thoroughly examine your case and build a defense tailored to your situation. Possible defenses against first-degree murder charges include:

Accident: Arguing the killing was unintentional.
Justification: Claiming the act was justified under the circumstances.
Self-Defense: Asserting you acted to protect yourself or another person.
Insanity: Demonstrating you were not mentally sound at the time of the incident.
Mistaken Identity: Proving you were wrongly identified as the perpetrator.
Illegal Search and Seizure: Challenging evidence obtained through unlawful means.

By leveraging these defenses, your attorney can work towards achieving the best possible outcome for your case.

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References:
1. https://www.findlaw.com/state/california-law/california-first-degree-murder-laws.html
2. https://www.wklaw.com/murder-sentencing-punishment/

California’s First-Degree Murder Law: 5 Key Examples