Murder Law in California - Penal Code 187 PC
California Penal Code 187 PC defines the crime of murder as “the unlawful killing of a human being or fetus with malice aforethought.”
California law classifies murder as first- and second-degree. First-degree murder includes all premeditated killings, and felony murder, where someone dies during the commission of a robbery, carjacking, rape, or other serious crime.
First-degree murder is punishable by 25 years to life in prison. However, if the killing involved lying in wait, torture, a destructive device, or other special circumstances, then the only sentencing options are life in prison without parole or capital punishment.
Second-degree murder is a murder that involves no premeditation. A conviction carries a sentence of 15 years to life.
California homicide law divides the act of killing another human being into two categories: murder and manslaughter.
When it comes to a murder charge pending in one of the Los Angeles courts, if you cannot beat the case, you either have to hope the prosecutors dismiss it – which is probably unlikely – or work out a resolution with the prosecutors.
This might be impossible because they want such a high sentence for the particular defendant, and the defendant doesn't want to take that sentence. Sometimes, the case is over-charged. So, what ends up happening is you've got to devise a way to beat the case.
When it comes to trying to beat a PC 187 murder charge, several different angles can be taken. One of which is when the case is all said and done—the prosecution has had its opportunity to present evidence, the defense has had its chance to present evidence, and now the case is going to be given to the jury.
First, they will do the closing arguments, and then the jury will be given instructions to look at. As a defense attorney, you can ask for jury instruction for a lesser-included crime, which is a crime that is a less serious version of the main charge, if you can ensure the right evidence was presented during the trial.
That's going to have to be relevant to your case. Still, if you get it, then the jury, when they see that instruction – and of course, the attorney can reference it during the closing argument – they can say, yeah, that sounds more like what happened here, not a murder charge.
It sounds more like a voluntary manslaughter charge, for example. Other lesser offenses of murder could include involuntary manslaughter or attempted murder.
So, that's one way that you could use, as a defense attorney, to win a murder case: the jury finds your client not guilty of murder but guilty of something else. Many people are being charged with Penal Code 187 PC second-degree murder related to Fentanyl deaths across California.
What is the Presumption of Innocence?
The main way the people would like – and probably think about – is that the jury finds the person not guilty of the murder charge. To do this, you're talking about a fact-specific situation.
The jury will look at the facts of the case, and there will have to be some problem with the prosecutor's case. The prosecution has the burden. The defendant is presumed innocent, so you ask the jury at the beginning of the case – which I do, and I've done a lot of murder cases – I say, hey, if you had to vote right now, how would you vote juror #8, for example?
And if the answer is anything but not guilty, we have a problem. They need to be talked to and explained that there is a presumption of innocence, meaning this person is presumed innocent right now.
Unless the prosecutors can prove different, you must find the person not guilty. So, that's where you'll attack the prosecutor's case:
- Is it an eye-witness case?
- Is there a problem with the eyewitness evidence?
- Do they have any physical evidence? Could somebody else be involved?
- Is there an alibi that can be utilized because the person was in a different location when this alleged murder occurred?
So, you want to look at what happened in the case and then at the facts, and then you decide, as a defense attorney with your client, what your theory of the case will be and how you will win the case.
Self-Defense Argument
Other successful arguments utilized in a murder case to win are concepts like self-defense and mutual combat. In other words, I killed the person, but the person attacked me, and I was trying to defend myself.
The key in these types of arguments is if somebody is using deadly force against you, you certainly can use lethal force to defend yourself. However, the use of lethal force in self-defense is only justified when there is an immediate threat of death or serious bodily harm. You don't have to retreat if somebody attacks you. You can stand your ground.
There are all kinds of jury instructions and laws on this concept. Sometimes, people agree to fight, and things go too far, and someone ends up dead, which is a tragedy, but it doesn't necessarily mean that it's a murder case.
This is known as a case of mutual combat, where both parties agree to engage in a fight, and the law recognizes that the situation is different from a premeditated murder.
Where you'd have a problem, obviously, though, if somebody used a certain amount of force – let's say fists – and you now resort to using a weapon.
That's going to make it a complicated argument for your defense attorney to say that you're entirely not guilty and that it's a justifiable homicide versus a murder.
So, again, it will depend on the facts of the case. You certainly cannot use deadly force to defend property.
Still, you could use lethal force if somebody broke into your home and you felt like your life was in danger, or your family's life was in danger; then, you could use deadly force to defend yourself and your family. So again, it just depends on the circumstances of the case.
What is the Best Defense Strategy?
In these murder cases, I have people go through precisely what happened, step by step. Once we have it all laid out, we can have an honest and direct conversation about what we're going to do, instilling a sense of reassurance and confidence in you.
There is always potential for a successful defense strategy, and we'll explore every avenue to ensure the best possible outcome for your case, instilling a sense of hope and optimism in you.
If this is where we need to negotiate or if this is a case that we're going to fight, that's made in the privacy of your criminal defense attorney's office.
Because obviously, a murder charge is severe, and if you're convicted of it, you're going to go away for a long time. The gravity of a murder charge cannot be overstated, and it's crucial to have the right legal guidance to navigate through it.
It's not a decision to be taken lightly. You must consult with your California criminal defense attorney.
The best attorneys in Los Angeles know the right moves to make and have the wisdom and experience to guide you through a sometimes complicated system. Their role is crucial in ensuring your rights are protected, and your case is handled with the utmost care and expertise.
When you or a family member is charged with a murder case, it is difficult to figure out exactly who is the best criminal defense attorney to represent you. This is difficult because you have yet to experience dealing with it, and you have limited ways to verify the attorneys' claims online. Consider the following:
- Your best strategy is first to see if the attorney has the experience and credentials you are looking for in an attorney.
- Set up a face-to-face meeting with them so you can ask some pointed questions and get a feel for the type of person you want handling such a critical case.
- By meeting with them face to face, you will get a feel for their type of person and how persuasive they will be with the jury and judge.
- If you like them and feel comfortable with them, you are on your way toward finding the person you need to save your or your loved one's life.
I have handled over 200 jury trials over the past 25 years and have defended murder cases all over Los Angeles County under some serious pressure with the most severe consequences on the line.
When your client is facing the rest of their life in prison, you as an attorney must devise the most powerful strategy for your client and do everything within your power to give them the best possible defense.
One of the biggest keys to a successful murder defense is preparation. When I go to trial, I have a robust theory of how our case will be tried, and I then marshal everything related to the case around that theory.
That means every question asked of the witnesses during the trial wrapping our theory in every statement we make during the murder trial. And then, at the end of the closing argument, I pull it all together and show the jury why my client is innocent or deserves to be convicted of a lesser charge and not murder.
Critical To Have a Lawyer With Experience in Murder Cases
The charge of murder is the highest crime known to man, and it, therefore, carries extremely harsh penalties. Most individuals convicted will never be released from prison. Consequently, you must hire an attorney with vast experience in dealing with murder charges.
A person charged with murder typically only receives one chance to defend themselves properly; if convicted, it will be too late to help them. I have handled countless murder cases over my years of practice.
If you or your loved one's life is on the line, contact a Los Angeles criminal defense lawyer at our office, and let's meet and discuss what is necessary to be successful. I stand ready to help you. Please review my credentials; they are unmatched!
Murder cases are difficult to defend because the system treats them with high resources. This means that the best detectives are assigned to investigate them, and the best prosecutors are assigned to prosecute them.
Because life has been lost in a murder case, public policy demands that the prosecutors pull out all the stops to investigate and prosecute the person charged with murder.
That means they will stop at nothing to ensure that the client is convicted of murder. They have plenty of resources to do this, and very few defense attorneys can match them. That's where I come in.
How Can You Decide When to Take a Murder Charge to Trial?
Suppose you or a loved one is charged with murder. In that case, you're probably looking around trying to find an attorney – someone who has experience in trying and successfully defending murder cases or someone who can negotiate maybe a better deal than a murder charge, where the person is facing 25 to life or more.
As you do this, you have to decide whether or not it's something that makes sense to take to trial and fight. The first criterion and, of course, it's obvious whether or not you can win.
If you can't win the case, you don't take the case to trial because then you're just going to end up with a huge sentence, and the person you're trying to get the attorney for will never come out of custody again. So, you have to ensure you can win the case. You figure that out through the evidence. Consider the following:
- Can the prosecutors prove that you or your loved one is guilty of the murder charge?
- That you killed someone, number one, and that you acted with malice and forethought when you did it.
- You didn't have self-defense, defense of others, or some other defense like you weren't the people who committed the murder.
When you decide, you've got to look at the evidence. That's something that I do. I go piece by piece, what evidence the prosecutors will put against you and whether or not a jury would believe you're guilty of the crime.
Sometimes, people who have not gone through a trial before can't really understand how to evaluate the evidence, how it relates to you, and whether you would be found guilty of the charges the prosecutors have leveled against you.
As we evaluate the evidence, we have to see whether you have a defense. In other words, is there evidence available that you can argue – either you're not the person who perpetrated this murder, or you are the person who committed the killing?
However, you have a defense, so it's not murder. It is a homicide that occurred, but it's excusable because you were defending yourself, for example.
There are a whole bunch of different plot twists that can present themselves in murder cases. That's why having the best attorney is crucial: battle-tested attorneys are the ones who can help tip the scales in your favor.
If you can't win, the same battle-tested attorneys can negotiate a resolution that puts you in the best possible position.
Real Case Example of Murder Case
The following is an example of a real-life murder case where my client was found not guilty – my client was charged with first-degree murder and several other serious crimes. He admitted to the police that he fired the weapon (that was recovered and test-fired and determined by an expert to be the weapon that was used in the killing).
After an approximately week-long trial, the jury found my client not guilty of murder and all other charges. Before the trial, because of the overwhelming evidence, the defense offered to plead guilty to second-degree murder, which would have carried a sentence of 15 years to life, and the head prosecutor refused. This case exemplifies what a skilled defense attorney can do to an unprepared/outmatched prosecutor's case.
An accusation of murder is one of the most serious charges a person can face. In California, for intentional homicide, you will be facing either a first or second-degree murder charge. First-degree murder is when an intentional death results due to malice aforethought, premeditation, on the part of the killer.
Second-degree murder is an intentional homicide, without malice or premeditation, and takes place in the heat of passion, such as in a domestic violence situation. Both 1st and 2nd-degree murders are felony offenses in the state of California and will be punished severely.
Murder is regarded worldwide as one of the most heinous criminal acts one can commit. It is viewed by society as evil and is a crime that shows extreme disregard for another person's life. In Los Angeles County alone, over 500 murders are committed every year.
In most cases, the individuals convicted of these murders were committing other violent crimes such as rape, robbery, kidnapping, or arson. In California, you may face the following sentences for 1st or 2nd-degree murder:
1st-Degree Murder:
- Life imprisonment or the death penalty
- No possibility of parole
2nd Degree Murder:
- Life imprisonment
- Possibility of parole after 15 years served
Los Angeles Criminal Defense Law Firm
At the Hedding Law Firm, our attorneys believe that if you are being investigated or have been arrested for murder, then it is critical to your case that you retain the services of an experienced and aggressive defense lawyer immediately.
Our firm must begin our investigation as soon as possible to preserve evidence that may benefit your case. Our law firm will challenge the charges against you and make every attempt to have them lowered or dismissed completely.
We value your constitutional rights and will strive to achieve the best possible outcome for your particular case.
Contact a Los Angeles murder/homicide criminal defense attorney at our law firm today to discuss the details that led to your arrest. We also discuss cases with family members who are trying to help those charged with murder or attempted murder related to legal fees and the best course of action moving forward.
We will also visit the person in jail so they are comfortable with our representation and know the game plan for the future.
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