Penal Code 189 PC | Degrees of Murder

Penal Code 189 PC – Degrees of Murder

What’s up! This article will explain the different degrees of murder under California law. We’ll break it down in simple terms, looking at first-degree murder, second-degree murder, penalties, defenses, and more. No fancy legal talk here!

What is First-Degree Murder?

First-degree murder is the most serious type of homicide under Penal Code 189 PC. There are two types of first-degree murder:

• Premeditated murder – This is intentionally killing someone with malice aforethought. It means you thought about and planned out the murder ahead of time.
• Felony murder – This is killing someone accidentally while committing a dangerous felony like robbery, rape, or burglary.

So either planning out a murder, or causing a death during a felony, can be charged as first-degree murder. It is the most severely punished homicide crime under California law.

What is Second-Degree Murder?

Second-degree murder under PC 189 is any murder that doesn’t meet the standards for first-degree. There are two types:

• Intentional murder – This is killing with malice aforethought but without premeditation. For example, a heated argument that turns deadly.
• Depraved heart murder – This is extremely reckless killings where you act with a “depraved indifference” to human life. For example, shooting a gun randomly into a crowd.

While still punished harshly, second-degree murder sentences are less severe than first-degree.

What Are the Penalties?

Here are the potential sentences for first and second-degree murder:

• First-degree: 25 years to life in California state prison
• Second-degree: 15 years to life in California state prison

These are lengthy sentences with the possibility of parole. The minimum time served before being eligible for parole is higher for first-degree murder.

Recent Changes to Murder Laws

Here are some notable recent changes affecting murder charges and penalties:

• In 2018, the felony murder rule was narrowed so a defendant must actually participate in the felony, not just be present [1].
• In 2019, accomplices can’t be sentenced to death or life without parole unless they directly participated in the murder [2].

An experienced criminal defense attorney can advise you on the latest murder laws and penalties.

Legal Defenses

There are defenses that could potentially beat murder charges, such as:

• Self-defense – Arguing you killed in lawful self-defense or defense of others.
• No intent – For second-degree murder, showing the killing was a true accident, not reckless.
• Insanity – Arguing you were legally insane and unable to understand your actions.

An attorney may be able to get charges reduced to manslaughter rather than murder by raising one of these defenses.

Recent Murder Case Examples

Let’s look at some real case examples to understand how murder charges get applied:

• People v. Conrad – Conrad was convicted of first-degree premeditated murder for poisoning her husband over several weeks [3].
• People v. Hernandez – Hernandez was convicted of second-degree murder for stabbing a man to death during a bar fight [4].
• People v. Davis – Davis was convicted of felony murder after his accomplice was killed during an armed robbery they committed [5].

What to Do if Charged with Murder

If you are accused of murder, here are important steps to take:

1. Remain silent and only speak to your criminal defense lawyer.
2. Hire an experienced homicide defense attorney immediately.
3. Follow your attorney’s advice about whether to surrender or fight extradition if you left the state.
4. Work closely with your lawyer to plan the best defense strategy.

Never try to represent yourself on a murder charge. An experienced criminal defense lawyer can argue to get charges reduced or dismissed where possible. Don’t take chances with your life and future!