You can face serious legal issues if the police charge you under California Penal Code §187: Murder. The court system in our state uses this charge to prosecute individuals accused of intentionally killing someone else.
Murder charges can become complicated. The exact charges individuals face will depend on the situation surrounding the death. Ensure you understand the legal repercussions of this charge by contacting a Los Angeles homicide and murder defense lawyer.
An attorney can answer questions like, “What is a 187?” You can also rely on a lawyer to build a defense after an arrest.
The Definition of Murder in California
California defines murder as the unlawful killing of another individual with malice aforethought and no lawful justification. The state uses Penal Code 187 to define this illegal act.
The court uses two specific definitions for malice in relation to murder charges:
Implied Malice
Individuals display implied malice if they commit an act they know will endanger human life. To demonstrate implied malice, individuals must consciously ignore the danger their actions pose to others.
Express Malice
Express malice involves intentionally taking steps to kill another person for an unlawful reason. Intentional acts that cause harm indicate that someone acts with express malice, potentially resulting in an unlawful killing.
So, what is a 187? Individuals in California use “a 187” to refer to murder charges. Any act that results in the loss of human life and involves malice aforethought may lead to this accusation.
A criminal defense lawyer in Los Angeles can provide more information about the specifics of California Penal Code §187: Murder charges.
Types of Murder Charges in Los Angeles
The state of California uses several charges to prosecute individuals accused of murder:
First-Degree Murder
The court can bring first-degree murder charges against individuals who premeditated an act of murder and intentionally carried it out. A conviction for first-degree murder can result in 25 years to life in prison.
Note that individuals may also be charged with capital murder – or first-degree murder with special circumstances – in certain instances. A capital murder charge can involve 20 different actions, such as:
- The murder of multiple victims
- The murder of police officers
- Murders motivated by hate
A capital murder conviction can result in the death penalty instead of life in prison. You can learn more about these charges with a Los Angeles violent crimes lawyer.
Second-Degree Murder
Individuals can be charged with second-degree murder under PC 187 if they intentionally kill someone without planning out their actions beforehand. The court does not punish second-degree murder as harshly as first-degree murder.
The penalties for second-degree murder can include prison time of 15 years to life.
Felony Murder
California can use a felony murder rule for both first-degree murder and second-degree murder. Individuals can be charged with felony murder if they commit a felony and someone dies. Even accidental or negligent deaths can qualify as murder under the felony murder rule.
Individuals can face charges of felony murder if someone loses their life for any felony act, including:
DUI Murder
Individuals can be charged with DUI murder in California if:
- They kill someone
- While operating a vehicle under the influence
- With a previous DUI conviction
DUI murder may also be called “Watson murder” in a court of law. A conviction for DUI murder carries the same penalty as other acts of second-degree murder.
A criminal defense attorney can provide you with more information about all degrees of murder in California.
Common Defenses for PC 187 Charges in Los Angeles
California Penal Code Section 187: Murder establishes the conditions necessary for a homicide to be considered murder, as well as the various penalties for different types of murder. In order to properly prepare for any court proceedings with a PC 187 charge, it’s essential to work with an experienced Los Angeles murder lawyer to prepare an adequate defense.
The incredibly steep penalties for a murder conviction make a strong defense necessary. Individuals can work with professional criminal defense lawyers in Los Angeles to have the best odds of beating a murder charge.
A lawyer may be able to build a defense by arguing:
The Death Occurred by Accident
Accidentally killing someone is not always considered murder in the state of California. However, if someone intentionally acted in a way they knew could endanger someone else, claiming the death was accidental may not work.
You Acted in Self-Defense
California does not hold acts of killing someone in self-defense to be murder. Individuals who only act to defend themselves or other people should not face a conviction for the crime of murder under PC 187.
You Were Falsely Accused
Many times, police officers arrest people based on descriptions provided by individuals who saw a murder. Just because you match a description does not mean you committed a criminal act. You may be able to supply an alibi or other proof to show that you did not kill anyone.
Similarly, an attorney may be able to prove any confession or evidence you provided during interrogation and questioning was coerced or otherwise inadmissible.
Insanity Led to the Death
Some individuals carry mental illnesses that can prove dangerous. Actions taken due to the nature of a cognitive disability may not end up charged as murder because they often do not involve criminal intent.
Lawyers May Reduce Murder Charges in California
Because murder charges are so severe and the death of an individual is so significant, entirely dismissing charges or facing no penalties for involvement in a death may be difficult.
Instead, a trained attorney may be able to reduce the charges of first-degree or second-degree murder under California Penal Code Section 187 to a lesser offense like manslaughter (under California Penal Code Section 192).
A lawyer may encourage the prosecution to offer a plea bargain for involuntary manslaughter (or even voluntary manslaughter) in some cases. These criminal charges come with less severe penalties than PC 187 convictions.
Get Professional Help Fighting a Murder Charge
Individuals charged under California Penal Code §187: Murder can face complex legal challenges. To learn more about how to handle these charges, contact the Simmrin Law Group for a FREE consultation.
Call or fill out our online contact form to get help now. If we accept your case, we can help you prepare your defense by developing a legal strategy, investigating the incident, securing witnesses, and more.
However, it’s essential to act fast and choose an experienced attorney to handle charges under California Penal Code Section 187.