California First Degree Murder Laws

In California, homicide is the killing of a human being by another human being. Homicide includes any justifiable killing, such as killing in self-defense and killing by a police officer in the line of duty. The unlawful killing of a human being can be charged as murder or manslaughter, depending on the intention of the defendant.

In the state of California, the prosecutor must prove that the defendant in a first-degree murder case had “malice aforethought.” This means the defendant intended to kill the victim or displayed a conscious disregard for human life. First-degree murder also requires the defendant to commit the crime under certain conditions.

Other types of murder in California include:

• Second-degree murder — an intentional killing without premeditation.
• Voluntary manslaughter — killing a human being without malice, known as a “heat of passion” killing
• Involuntary manslaughter — killing someone during a misdemeanor offense, such as vehicular manslaughter

California First-Degree Murder

To prove first-degree murder under California Penal Code § 187, a prosecutor must show that the crime meets three elements:

• The defendant caused the death of the victim
• The defendant acted with malice
• The defendant lacked lawful justification for the killing

California recognizes two types of malice related to homicide:

• Express malice means the defendant intended to kill the victim.
• Implied malice means the defendant knew their actions were likely to cause serious injury or death, but continued anyway. Implied malice is also known as “depraved heart murder.”

First-degree murder charges require the prosecution to show the crime involved one of five special circumstances:

• Willful, premeditated murder
• Use of a “destructive device” such as an explosive or poison
• By lying in wait for the victim
• By use of torture
• Under the felony murder rule

Felony Murder

California’s felony murder law allows prosecutors to bring first-degree murder charges for a death that occurs during one of a series of enumerated crimes. The felony murder rule can apply if the defendant was the actual killer, a major participant in the crime, or assisted in the commission of the crime.

Felony murder crimes in California are:

• Arson
• Robbery
• Burglary
• Rape
• Carjacking
• Kidnapping
• Any murder committed by discharging a firearm from a motor vehicle (drive-by shooting)
• Mayhem (causing the loss of a human body part)

Under the felony murder rule, if a death occurs during the course of the underlying felony, the defendant can face first-degree murder charges. The defendant’s intent is irrelevant.

For example, let’s say a robber holds up a convenience store. During the robbery, they panic and shoot the clerk. In that case, the robber would be charged with first-degree murder under the felony murder rule.

However, suppose the robber ran out of the store and hit a passerby with the door on the way out. If the passer-by died from a head injury, it would not qualify for first-degree murder charges.

Attempted Murder

Attempted murder occurs when any unlawful homicide fails in the attempt (PEN § 664). If the victim survives the attempt for three years and one day after the date of the alleged cause of death, California state law presumes the killing was not a criminal act (PEN § 194). The prosecutor must rebut this presumption to file charges for murder or manslaughter.

Penalties

In California, those found guilty of first-degree murder can receive one of three possible sentences:

• 25 years to life in prison
• Life imprisonment without parole
• The death penalty

Special circumstances require a sentence of life without parole (LWOP) or the death penalty, including:

• Hate crimes
• Use of a weapon of mass destruction
• Murder of a law enforcement officer, firefighter, or judge
• Murder with gang enhancements

California’s governor suspended the death penalty in 2018. However, execution for capital murder remains on the books. California uses lethal injection and cyanide gas for execution.

Defenses

First-degree murder is the most serious crime in California. Prosecutors will not bring charges unless they believe they can prove all elements of the case. Defense strategies involve creating reasonable doubt for the jury so they cannot convict a defendant. Other strategies include negating one or more of the elements of intent.

• Self-defense. California allows the use of force, up to and including lethal force, when protecting yourself or others. Self-defense is not an affirmative defense; instead, it is a justification for the use of lethal force.
• Lack of intent. Both first and second-degree murder require an intent to kill another human being. Voluntary manslaughter and involuntary manslaughter are types of homicide without intent.
• Lack of capacity. California does not have a defense of diminished capacity (PEN § 25). A defendant can attempt to prove by preponderance of evidence they did not understand the nature and quality of their act and could not distinguish right from wrong at the time of the act (M’naghten Test). Otherwise, diminished capacity is only used during sentencing as a mitigating factor.
• Police misconduct. A defense lawyer can sometimes prove that law enforcement coerced the defendant’s confession, mishandled evidence, or performed an improper lineup.

In some cases, these defenses may not dismiss the charge. They may reduce the charge from first-degree murder to second-degree or manslaughter.

Get Legal Advice from a California Criminal Defense Attorney

First-degree murder can result in a sentence of life imprisonment without parole. You must have outstanding legal advice to fight these charges. If you or a loved one faces charges of any degree of murder, contact a California criminal defense attorney immediately. They can help ensure your constitutional rights are protected and build the best possible defense.