Murder is defined in California Penal Code as “the unlawful killing of a human being or a fetus with malice aforethought.” The California penal codes holds that first degree murder are all those murders perpetrated by means of destructive devices (including weapons of mass destruction, bombs or other explosive means), poison, lying in wait, torture or by any other type of willful, deliberate, and premeditated killings.

Further, any murder which is committed in the perpetration or attempted perpetration of arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, specific forcible sex crimes, or by discharging a firearm from a motor vehicle at another person out of the vehicle with the intent to kill also qualifies as first degree murder under the California penal code. All other types of murder are classified as second degree murders.

The term “unlawful killing” in the law refers to the killing of another human being. A killing of a human being is not necessarily against the law. There are a few situations in which a killing can be deemed justifiable and therefore not unlawful.

The term “malice aforethought” in California law refers to the mental state required to be guilty of murder. Malice aforethought does not require that the person doing the killing hate the victim. The mental state is typically present from a legal point of view when the accused acts with “wanton disregard for human life” and does an act that a high degree of probability of it resulting in death.

The punishment for first degree murder is capital punishment, imprisonment for life without the possibility of parole, or imprisonment for a term of 25 years to life. Second degree murder also carries sentences that can keep an accused imprisoned for the remainder of their life. A second degree murder conviction does not qualify a defendant for the death penalty.

If you or a loved one has been accused of murder or another violent crime, call our defense lawyers today. Our criminal defense attorneys are knowledgeable and experienced to handle even the most complex of murder cases.

Defenses to Murder

There are several legal defenses to murder that act as justifications to murder in the state of California. Defense of self or others, accidental killing, or insanity are all potential justifications to murder. As former prosecutors, the criminal defense attorneys at Bonilla and Cintean, LLP., can explain the intricacies of each defense and help you navigate through a serious charges.