California Murder Law & Defense
In California, the crime of Murder is defined as the 1) unlawful killing of a 2) another human being with 3) malice aforethought and 4) without legal justification (Penal Code Section 187(a)). In order for the district attorney to prove murder he or she must prove all four elements listed above.
The term unlawful would seem to be unnecessary as most people consider murder to be unlawful. However, the fact that the term exists in the definition of California murder law tells us that some killings are actually lawful. These killings include self-defense, sanctioned death penalty cases, accidents, etc. Therefore, not every killing in California is considered to be unlawful.
Under PC 187(a) the term another human being means that suicides are not classified as murder because the person killing himself or herself is not killing another human being but rather themselves. However, under PC 187(a) the killing of a fetus is considered another human being in California (Some states do not consider a fetus to be a person with their murder laws).
The term Malice Aforethought is the most commonly misunderstood term and means that the killing was committed by the defendant while the defendant was in a particular mental state or state of mind (More on mental states of mind below). This may sound a little confusing at first but basically it means that, in addition to finding the other three elements of murder listed here, that the defendant had to be thinking a particular idea when the killing took place. Malice aforethought does not mean that the defendant killed with premeditation or deliberation. The terms premeditation and deliberation are used to determine the degree of murder that should be charged, i.e. first degree murder, second degree murder, etc. (more on premeditation and deliberation below).
The term without legal justification simply means that some killings are not considered to be murder because there exists a legal justification such as killings that occur in self-defense.
Malice Aforethought States of Mind
As stated above, Malice Aforethought simply means that if the district attorney is going to prove murder he or she must prove that the defendant unlawfully killed another human being without any legal justification and while the defendant operated under one of the four following states of mind during the killing:
1. Intent to kill:
Malice aforethought may be shown by specific intent to kill. This state of mind is the easiest to understand. Simply stated: if the defendant intended to kill someone, and he or she kills another person while so intending to do so, then malice aforethought is present.
When the defendant does not confess that he intended to kill another person the prosecutor will often rely on circumstantial evidence to prove the defendant's intent to murder the victim. For example: Shooting another person in the head would be circumstantial evidence to prove the defendant actually intended the victim to die even though the defendant did not confess that he intended to kill the victim.
2. Intent to commit great bodily injury (GBI):
The second way to show malice aforethought is for the prosecutor to prove that the defendant intended to severely injure another person and that the injury caused to the other person by the defendant was the cause of death.
For example: If the defendant intended to stab another person, without intending to murder the other person, but never-the-less the other person died as a result of the stab wound, then the defendant's intent to commit great bodily injury will serve as malice aforethought.
3. Reckless Endangerment to Human Life "Malignant Heart Murder":
Simply stated, if the defendant commits some act that is subjectively reckless and dangerous to human life then the defendant will be found to have acted with malice aforethought if another person is killed by the defendant's recklessness.
For example, if the defendant shoots bullets in the air in a busy city and a person dies from one of the falling bullets then the defendant will probably be charged with murder because of the extreme recklessness of his or her conduct.
4. Murder Committed During the Commission of an Inherently Dangerous Felony: Felony Murder Rule:
The fourth way to show malice aforethought is for the prosecutor to prove the victim's death occurred during the commission of an inherently dangerous felony which was committed by the defendant.
For example: If the defendant is robbing a liquor store and the clerk of the store dies from a heart attack during the robbery then the defendant will likely be charged with murder because the death was caused by the robbery and the robbery is considered an inherently dangerous felony.
Note: malice aforethought is not found where an officer accidentally kills another human being while in pursuit of the defendant. For example, if the defendant flees from the police, and the police shoot at the defendant, and the police accidentally kill an innocent bystander, then the defendant will not be charged with murder.
Only some felonies are considered to be inherently dangerous. These felonies include Rape, Robbery, Torture, Kidnapping, Mayhem, Residential Burglary, and the like.
Remember, all four elements must be present to prove murder in California under PC 187(a): 1) Unlawful Killing, 2) of another human being, 3) with malice aforethought, and 4) without legal justification. Also remember that the Malice aforethought element may be proved in one of four ways 1) intent to kill, 2) Intent to commit great bodily injury, 3) Subjective Recklessness (Malignant Heart), or 4) a killing during the commission of an inherently dangerous felony. If any one of these elements is not proved beyond a reasonable doubt to the jury then the defendant is entitled to an acquittal on the murder charges.
For example, if the defendant is speeding 10MPH over the limit on the freeway, and he causes an accident where somebody dies, he is not likely to be charged with murder under PC 187(a). The reason for non-murder charges in this example: even though the defendant killed another human being, killed while committing an unlawful act, and killed without any legal justification, malice aforethought can not be proved. This is because speeding is not circumstantial evidence of intent to kill, it is not evidence to prove the defendant intended to commit great bodily injury, it is not reckless conduct (maybe negligent but not subjectively reckless), and speeding is not an inherently dangerous felony. Therefore, the district attorney will not be able to prove murder in this example because he can not prove at least one of the four states of mind needed during the killing (any one of the four mental states under malice aforethought). Note: speeding 40MPH over the limit would probably be charged as murder under PC 187(a) because speeding that much over the speed limit is subjectively reckless and the district attorney could therefore prove the element of malice aforethought under malignant heart state of mind (Extreme recklessness which is subjectively dangerous to human life (see above under malignant heart murder).
Degrees of Murder under PC 187(a):
First Degree Murder under PC 187(a):
Under PC 187(a) First degree murder is murder that is premeditated and deliberate, or murder that is committed during the commission of an inherently dangerous felony (see above at felony-murder rule).
Premeditation and deliberation, in simple terms, means that the defendant intended to kill another human being and the defendant thought about killing another person before the killing. It also means that the person had time to consider the consequences of his or her actions. The formation of the defendant's intent to murder, and premeditate and deliberate the murder, can be very short; even in the span of a few seconds the defendant can form these mental state.
For example, if the defendant becomes engaged in a bar fight, and he leaves the bar to retrieve a gun from his or her vehicle with the intent to kill the other combatant, then the defendant can be charged with first degree murder when he shoots and kills the other combatant; this is because the formation of intent to kill, premeditate, and deliberate the killing, can take place over a very short period of time.
Second Degree Murder under PC 187(a):
Second degree murder is murder that is not first degree murder (Sounds silly but its probably the best way to remember what actions constitute second degree murder). Examples of second degree murder include: Murder that occurred while the defendant only intended to commit great bodily injury (GBI murder), Watson Murder (DUI Murder), Reckless Endangerment Murder (See above at Malignant Heart murder).
Note: A "Watson Murder" is a killing that occurs while the defendant was driving under the influence of alcohol or drugs (DUI). Basically, this is similar to malignant heart murder or subjective recklessness murder. Once upon a time in California, killings that occurred while the defendant was DUI were charged as a vehicular manslaughter. Today, if a defendant drives while under the influence of drugs or alcohol and he or she kills another human being, the criminal charge is usually second degree murder (as opposed to vehicular manslaughter). This is known as a Watson Murder (named after the case that changed the law).
Murder with Special Circumstance under PC 187(a):
Special Circumstance murder is murder which is committed under a particular circumstance. Examples include multiple murder, murder of uniformed officers, torture which leads to death, murder by bomb, murder during the commission of rape, and more. Basically, special circumstance murder is murder plus some other aggravating factor. There are many types of special circumstance murder charges, the most common special circumstance murder is where multiple victims are murdered, police officer in uniform is murdered, and murder by hate crime.
Manslaughter under PC 187(a):
Manslaughter is actually a murder that is reduced in terms of severity and sentencing due to some extenuating circumstance of the defendant, such as murder that occurred during the defendant's heat of passion, imperfect self-defense (the genuine, but unreasonable need to act in self-defense), mutual combat, etc. Manslaughter is also know as voluntary manslaughter, which means that the defendant intended to kill his or her victim but extenuating circumstances existed during the murder which should legally and equitably be considered.
Manslaughter is not usually charged as a crime. Instead, a criminal defense attorney who is defending his or her client will generally argue to a judge or jury that the defendant should not be convicted of murder but rather the crime manslaughter.
To reduce a murder charge to manslaughter the defense will generally attempt to prove the murder took place during one of the following circumstances: 1) that the defendant killed during a heat of passion 2) that the defendant and the victim were engaged in mutual combat at the time of the victim's death, or 3) that the defendant truly, but unreasonably, believed that he needed to act in self-defense (also known as imperfect self-defense).
Involuntary Manslaughter under PC 187:
Involuntary manslaughter occurs where a defendant does not intend to murder anyone but never-the-less a person is killed as a result of the defendant's grossly negligent conduct (compare to subjective reckless conduct needed to prove malignant heart murder).
For example: Speeding in a grossly negligent manner on the freeway which leads to another person's death can be charged as involuntary manslaughter. Remember however, that if the speeding amounts to recklessness, a state of mind above gross-negligence, the defendant may be charged with malignant heart murder (see above at malignant heart murder and example).
Prison Sentence for Murder under PC 187(a)
For first degree murder under PC 187(a)
The sentence for murder under California PC 187(a) is either probation, or twenty-five years to life. Probation (no jail sentence) is only granted in very unusual cases.
Many factors are considered to determine whether or not a murder is unusual for purposes of granting probation. Some of those factors include whether the defendant has a criminal record, whether or not the defendant admitted his or her guilt, whether or not the defendant was not the person who actually acted to kill the victim, such as a co defendant situation, whether or not the murder was sophisticated, etc. (There are too many factors to list in this brief. For more information about probation sentences for murder convictions under PC 187 contact criminal defense attorney Dorado).
For Second Degree Murder Prison Sentence under PC 187(a)
The sentence for a conviction of murder in the second degree under PC 187(a) is either probation (see above under first degree murder for more details), or fifteen years to life in prison.
For Special Circumstances Murder Prison Sentence under PC 187(a)
The murder sentence under PC 187(a) is either life in prison or death. Whether or not the defendant is sentenced to death is a determination that is made by the jury after the jury finds the defendant guilty of the underlying murder and the special circumstance separately.
For Manslaughter Prison Sentence Under PC 187(a)
The sentence is either probation (see above under first degree murder for more details on probation), or three, six, or eleven years in prison. The judge decides the sentence if the jury finds the defendant guilty. The judge will look at many factors to decide which sentence to impose but probably the most important factor is the defendant's criminal background.
Defenses to Murder Charges Of PC 187(a)
What Should I do if I Am Charged With Murder under PC 187(a):
Without delay, you, or someone on your behalf, should contact a criminal defense attorney experienced with murder charges. If your loved one is in custody on a charge of murder it is absolutely vital that you do not discuss the case with the defendant.
Murder charges are prosecuted by very experienced prosecutors. The defendant is usually fighting his or her case from jail because bail is either denied or set at a million dollars or more. In addition, despite the fact that the defendant is entitled to have a speedy trial, a murder case usually takes many months, or even years, to proceed to trial.
For more information on the law and defense to California Murder charges, or PC 187(a), contact the Law Office of Christopher Dorado today. Attorney Christopher Dorado is an experienced criminal defense attorney who dedicates his practice exclusively to criminal defense. Attorney Dorado has experience with murder cases and murder trials. There is no charge for consultations with the defendant or the defendant's family. Call today.
909.913.3138
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