Arrested or Charged with Murder (Penal Code § 187) in California?

Being charged with murder in California is perhaps the most serious criminal allegation a person can face. The consequences extend far beyond imprisonment to affect every aspect of life—family relationships, employment prospects, and future opportunities.

If you or a loved one is facing murder charges, understanding the legal framework, potential defenses, and the importance of skilled representation is absolutely essential.

What is Murder Under California Law?

California Penal Code § 187(a) defines murder as “the unlawful killing of a human being, or a fetus, with malice aforethought.” This seemingly simple definition contains several critical elements that must be proven beyond a reasonable doubt for a murder conviction:

1. The defendant caused the death of another person or fetus
2. The killing was unlawful
3. The defendant acted with malice aforethought

The concept of “malice aforethought” is central to understanding murder charges and distinguishing them from other homicide offenses like manslaughter.

Defining Malice Aforethought

Malice aforethought comes in two forms under California law:

Express Malice

Express malice exists when the defendant specifically intended to kill the victim. This doesn’t require elaborate planning or premeditation—a split-second decision to kill is sufficient for express malice.

Implied Malice

Implied malice exists when:

1. The defendant intentionally committed an act that was dangerous to human life
2. The defendant knew the act was dangerous to human life
3. The defendant deliberately acted with conscious disregard for human life

A classic example of implied malice is firing a gun into an occupied building. Even if the shooter didn’t specifically intend to kill anyone, they knew the act was dangerous and consciously disregarded that danger.

Types of Murder Charges in California

California law divides murder into degrees, each carrying different penalties:

First-Degree Murder

First-degree murder, defined in Penal Code § 189, includes killings that are:

• Willful, deliberate, and premeditated
• Committed using destructive devices, weapons of mass destruction, ammunition designed to penetrate metal or armor, or poison
• Committed by lying in wait, torture, or by discharging a firearm from a motor vehicle (drive-by shooting)
• Committed during certain felonies (felony murder), including robbery, kidnapping, rape, and arson

Second-Degree Murder

Second-degree murder is any murder that doesn’t qualify as first-degree. This typically includes:

• Intentional killings without premeditation or deliberation
• Killings with implied malice, such as extremely reckless acts resulting in death
• Felony murder that doesn’t fall under the first-degree category

Capital Murder

Capital murder refers to first-degree murder with special circumstances as outlined in Penal Code § 190.2. These special circumstances include:

• Multiple murders
• Murder for financial gain
• Murder of a peace officer, prosecutor, judge, or elected official
• Murder involving torture
• Murder to prevent testimony (witness killing)
• Hate crime murders
• Gang-related murders

Recent Changes to California’s Murder Laws

California’s murder laws have undergone significant changes in recent years:

Senate Bill 1437 (2018)

This legislation substantially reformed the felony murder rule and the natural and probable consequences doctrine. Prior to SB 1437, a person could be convicted of murder if a death occurred during the commission of certain felonies, even if they didn’t kill anyone or intend for anyone to die.

Under the revised law, a person can only be convicted of felony murder if:

1. They were the actual killer
2. They aided the actual killer with the intent to kill
3. They were a major participant in the underlying felony and acted with reckless indifference to human life
4. The victim was a peace officer killed in the line of duty

Retroactive Application

The changes to the felony murder rule apply retroactively, meaning people previously convicted under the old standards may petition for resentencing if they wouldn’t be guilty of murder under the new law.

Penalties for Murder in California

Murder convictions carry some of the most severe penalties in California’s criminal justice system:

First-Degree Murder

• 25 years to life in state prison
• Life without the possibility of parole (if special circumstances apply)
• Death penalty (if special circumstances apply, though California currently has a moratorium on executions)

Second-Degree Murder

• 15 years to life in state prison
• 25 years to life (if the victim was a peace officer)
• 20 years to life (if the murder was committed by shooting from a vehicle)

These sentences may be enhanced if the defendant has prior serious felony convictions under California’s Three Strikes Law. Additionally, using a firearm during the commission of a murder adds significant sentence enhancements:

• 10 years for using a firearm
• 20 years for firing a firearm
• 25 years to life for killing someone with a firearm

Defenses to Murder Charges in California

Several defense strategies may be available when facing murder charges, depending on the specific circumstances of your case:

Self-Defense or Defense of Others

If you reasonably believed you or someone else was in imminent danger of being killed or suffering great bodily injury, and you used no more force than necessary to defend against that danger, your actions may be legally justified.

Imperfect Self-Defense

If you honestly but unreasonably believed you needed to defend yourself, this may reduce a murder charge to voluntary manslaughter.

Accident

If the death resulted from an accident while you were engaged in lawful activity and acting with ordinary care, this may provide a complete defense to murder charges.

Insanity

If you were legally insane at the time of the killing—meaning you either didn’t understand the nature of your actions or didn’t understand that what you were doing was wrong—you may be found not guilty by reason of insanity.

Diminished Capacity

While California has largely eliminated the diminished capacity defense, evidence of mental health issues may still be relevant to whether you formed the required mental state for murder.

Mistaken Identity or Alibi

You may have been wrongfully identified as the perpetrator, or you may have evidence proving you were elsewhere when the crime occurred.

Challenging Causation

The prosecution must prove that your actions directly caused the victim’s death. If intervening factors caused the death, this may provide a defense.

Challenging the Degree

Even if the evidence shows you committed a homicide, your attorney may argue that it should be charged as manslaughter rather than murder, or as second-degree rather than first-degree murder.

Murder vs. Manslaughter

Understanding the distinction between murder and manslaughter is crucial:

Voluntary Manslaughter

Voluntary manslaughter is the intentional killing of another person during a sudden quarrel or in the heat of passion. Unlike murder, it doesn’t require malice aforethought. Voluntary manslaughter carries a sentence of 3, 6, or 11 years in state prison.

Involuntary Manslaughter

Involuntary manslaughter is an unintentional killing resulting from criminal negligence or during the commission of an unlawful act not amounting to a felony. It’s punishable by 2, 3, or 4 years in state prison.

Vehicular Manslaughter

Vehicular manslaughter involves causing death while driving with ordinary or gross negligence. Penalties vary based on the degree of negligence, from misdemeanor charges to up to 10 years in prison for gross vehicular manslaughter while intoxicated.

Why You Need an Experienced Murder Defense Attorney

Murder cases are among the most complex in criminal law, requiring:

1. Extensive knowledge of homicide statutes and case law
2. Experience with forensic evidence, including DNA, ballistics, and pathology
3. Skills in cross-examining expert witnesses
4. Understanding of complex legal doctrines like felony murder and implied malice
5. Experience with jury selection in high-stakes cases
6. Negotiation abilities for potential plea agreements

The prosecution will devote substantial resources to securing a conviction. You need equally dedicated and capable representation on your side.

How David P. Shapiro Criminal Defense Attorneys Can Help

Our experienced San Diego defense team brings specific advantages to your murder case:

• Comprehensive case analysis: We meticulously review police reports, witness statements, forensic evidence, and other aspects of the prosecution’s case
• Independent investigation: We work with investigators to uncover exculpatory evidence and alternative explanations
• Professional consultation: We collaborate with forensic specialists, medical examiners, and other experts to challenge prosecution evidence
• Strategic defense planning: We develop customized defense strategies based on the unique circumstances of your case
• Skilled negotiation: When appropriate, we engage with prosecutors to explore charge reductions or other favorable resolutions
• Skillful trial advocacy: We provide powerful representation if your case goes to trial

We understand the gravity of murder charges and the profound impact they have on you and your family. Our approach combines rigorous legal advocacy with compassionate support through one of the most difficult experiences of your life.

Frequently Asked Questions About Murder Charges

What is the difference between murder and homicide?

Homicide is the killing of one person by another, which may be lawful (such as in self-defense) or unlawful. Murder is specifically an unlawful homicide committed with malice aforethought.

Can murder charges be reduced to manslaughter?

Yes, under certain circumstances. If the killing occurred in the heat of passion following adequate provocation, or if the defendant had an honest but unreasonable belief in the need for self-defense, the charge may be reduced to voluntary manslaughter.

Can I be charged with murder if I didn’t actually kill anyone?

Yes, under certain circumstances. If you aided and abetted a murder with the intent to kill, or if you were a major participant in certain felonies and acted with reckless indifference to human life, you could be charged with murder even if you weren’t the actual killer.

What is felony murder?

Felony murder occurs when a death results during the commission of certain dangerous felonies. California’s felony murder rule was significantly narrowed in 2018, now requiring that the defendant was the actual killer, aided the killer with intent to kill, or was a major participant in the felony who acted with reckless indifference to human life.

Contact a San Diego Murder Defense Attorney Today

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.