Simi Valley Murder Defense Lawyer

Understanding Murder Charges in California

Murder is defined under California Penal Code Section 187 as the unlawful killing of a human being or a fetus with malice aforethought. This means that to be convicted of murder, the prosecution must prove that the killing was intentional, and there was a specific mental state (malice) involved.

What the District Attorney Must Prove for Murder Charges?

Jury Instruction 520: First or Second-Degree Murder Explained

The defendant is charged with murder in violation of Penal Code section 187.

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant committed an act that caused the death of (another person/ [or] a fetus);
2. When the defendant acted, (he/she) had a state of mind called malice aforethought(;/.)
3. (He/She) killed without lawful (excuse/[or] justification).

There are two kinds of malice aforethought, express malice and implied malice. Proof of either is sufficient to establish the state of mind required for murder. The defendant acted with express malice if (he/she) unlawfully intended to kill. The defendant acted with implied malice if:

1. (He/She) intentionally committed an act;
2. The natural and probable consequences of the act were dangerous to human life;
3. At the time (he/she) acted, (he/she) knew (his/her) act was dangerous to human life;
4. (He/She) deliberately acted with conscious disregard for (human/ [or] fetal) life.

Malice aforethought does not require hatred or ill will toward the victim. It is a mental state that must be formed before the act that causes death is committed. It does not require deliberation or the passage of any particular period of time.

It is not necessary that the defendant be aware of the existence of a fetus to be guilty of murdering that fetus. A fetus is an unborn human being that has progressed beyond the embryonic stage after major structures have been outlined, which occurs at seven to eight weeks of development.

Determining Murder Degree

[An act causes death if the death is the direct, natural, and probable consequence of the act and the death would not have happened without the act. A natural and probable consequence is one that a reasonable person would know is likely to happen if nothing unusual intervenes. In deciding whether a consequence is natural and probable, consider all of the circumstances established by the evidence.]

There may be more than one cause of death. An act causes death only if it is a substantial factor in causing the death. A substantial factor is more than a trivial or remote factor. However, it does not need to be the only factor that causes the death.

If you conclude that the defendant owed a duty to, and the defendant failed to perform that duty, (his/her) failure to act is the same as doing a negligent or injurious act.

• If you find the defendant guilty of murder, it is murder of the second degree.
• If you decide that the defendant committed murder, you must then decide whether it is murder of the first or second degree.

What are the Penalties for Murder in California?

Murder charges carry some of the most severe penalties under California law. The specific penalties depend on the degree of the murder and whether certain aggravating factors are present.

• First-Degree Murder: A conviction for first-degree murder can result in a prison sentence of 25 years to life. If the murder involved special circumstances, such as killing a police officer or committing the crime during a robbery, the defendant could face the death penalty or life imprisonment without the possibility of parole.
• Second-Degree Murder: A conviction for second-degree murder generally carries a sentence of 15 years to life in prison. However, the length of the sentence can be influenced by factors such as prior convictions, the use of a weapon, or the defendant's role in the crime.
• Voluntary Manslaughter: This charge is typically associated with a sentence of 3 to 11 years in prison. If there are mitigating factors, such as emotional distress or provocation, the sentence may be on the lower end of that range.
• Involuntary Manslaughter: A conviction for involuntary manslaughter can lead to a sentence of 2 to 4 years in prison. In cases involving reckless or negligent behavior, this sentence may be further reduced.

Contact a Murder Defense Lawyer Today

Facing murder charges is an overwhelming experience, but you don’t have to go through it alone. If you are facing serious charges, it’s critical to have a trusted legal advocate on your side. The team at Sua Law Group is ready to help you fight for your future.

Our murder defense lawyers are dedicated to providing aggressive, effective representation for clients facing charges in Los Angeles County and throughout California. 

If you or a loved one is facing murder charges, contact us today by calling (805) 515-4070 for a consultation. Let us put our skills and experience to work for you and protect your rights throughout the legal process.