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California Penal Code Section 187 PC: Murder
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California Penal Code Section 187 PC: Murder
Murder is a big deal. It’s the most serious crime you can commit under California law. Penal Code Section 187 defines murder as “the unlawful killing of a human being, or a fetus, with malice aforethought.” That’s a mouthful. Let’s break it down into simple terms:
- You caused someone else to die
- The killing was unlawful – no legal justification
- You acted with malice – meaning you intended to kill them or seriously harm them
If those three things are true, you committed murder under California law. The penalties are severe – life in prison or even the death penalty. So let’s look closer at the details of this law.
Degrees of Murder
There are two degrees of murder in California:
- First-degree murder
- Second-degree murder
First-degree is more serious. It means you intended to kill the person and it was willful, deliberate, and premeditated. This is like lying in wait for someone or planning out the murder ahead of time. The penalty is 25 years to life in state prison.
Second-degree murder is basically any other kind of intentional killing. Maybe you got angry and killed someone in a fight. Or shot them without thinking it through first. This is still murder, but it’s not pre-planned. The penalty is 15 years to life in prison.
Felony Murder
There’s also something called “felony murder.” This is when someone dies while you are committing a dangerous felony like:
- Robbery
- Burglary
- Rape
- Kidnapping
Let’s say you and some friends try to rob a bank. The security guard pulls his gun and you shoot back in self-defense, accidentally killing a bystander. You can be charged with first-degree murder for that death, even if you didn’t intend to kill the bystander.
Penalties
As mentioned above, first-degree murder is punished by 25 years to life in prison. Second-degree is 15 to life. The death penalty is also possible in some cases.
California also has a “Three Strikes” law. If you already have two felonies on your record and get convicted of murder, you’ll get a minimum sentence of 25 years to life – no matter whether it’s first or second-degree.
Legal Defenses
There are several legal defenses that could get a murder charge reduced or dismissed entirely. Here are some common ones:
- Self-defense – You only used necessary force to protect yourself or someone else from harm.
- Accident – The death was truly accidental and you had no intent to kill.
- Provocation – The victim provoked you into a heat of passion, so the killing was not premeditated.
- Insanity – You were legally insane and unable to understand the consequences of your actions.
An experienced California criminal defense lawyer can review the details of your case and decide if any of these defenses apply. It’s critical to have legal representation if facing a murder charge.
If the killing doesn’t quite amount to murder, you may face other homicide charges like:
- Voluntary manslaughter – Killing someone in a sudden quarrel or heat of passion
- Involuntary manslaughter – Accidentally killing someone through negligence
- Vehicular manslaughter – Causing a death while driving recklessly
These crimes don’t require an intent to kill. The penalties are less severe than murder but still carry years in state prison.
Takeaways
- Murder is intentionally killing someone with malice aforethought
- First-degree murder is worse than second-degree
- Felony murder applies when someone dies during a dangerous felony
- Penalties range from 15 years to life in prison or the death penalty
- Self-defense or accident may provide valid legal defenses
Facing a murder charge in California is extremely serious. Don’t say anything to police and speak to a defense lawyer immediately. An experienced attorney can thoroughly analyze the evidence against you and build the strongest defense to avoid a life sentence.