
The sentence for murder in California depends on the degree of the murder, whether there are sentencing enhancements that the court must follow, and the discretion of the court. In general, you can expect a prison sentence of at least 15 years if you are sentenced for murder in California.
Needless to say, you’ll need to fight as hard as you can if you are facing a murder charge. Get a Los Angeles criminal defense lawyer on your side to help you. If you are sentenced for murder, we can work to minimize the sentence as much as possible under the circumstances.
Basic Murder Sentences
First-degree murder in California carries a sentence of 25 years to life in state prison. The prosecution must prove that the killing was premeditated and deliberate to secure a first-degree murder conviction.
Second-degree murder typically results in a sentence of 15 years to life in state prison. This charge applies when a killing is intentional but not premeditated. If the murder involves shooting from a vehicle or killing a peace officer, the sentence increases to 20 years to life in prison.
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How do Different Factors Affect Sentencing?
The court has some discretion on how severely they can punish someone convicted of murder. Here are some of the factors that can change a sentence for murder.
Enhancement Circumstances
Enhancements may apply if the murder was committed during a felony, involved multiple victims, or was carried out for gang-related purposes. The presence of torture, lying in wait, or using explosive devices can lead to enhanced sentences.
These factors often result in special circumstance charges, potentially leading to life without parole or capital punishment sentences. The law may force the court to apply a minimum punishment for an enhancement even if there are factors in your favor.
Three Strikes Law
Prior serious felony convictions can substantially increase your sentence under California’s Three Strikes Law. If you have a previous serious felony conviction, your sentence could be doubled. With two prior serious felonies, a murder conviction could result in a mandatory sentence of life without parole.
Mitigating Circumstances
Factors such as mental illness, acting under duress, or having no prior criminal record may influence sentencing decisions. While these factors won’t eliminate the sentence, they might affect plea negotiations or sentencing recommendations.
What Are Felony Murder Sentences?
Felony murder charges occur when someone dies during the commission of certain felonies, even if you didn’t intend to kill anyone.
For example, if you and another person attempt to rob a convenience store, and your accomplice unexpectedly shoots and kills the clerk, you could be charged with felony murder even though you didn’t pull the trigger.
Recent changes to California law have modified felony murder sentencing, requiring proof that you were the actual killer, aided the killer, or were a major participant acting with reckless indifference to human life.
In our example, prosecutors would need to prove you either knew your accomplice was armed and likely to use deadly force or that you played a major role in creating the dangerous situation that led to the death.
What Post-Conviction Options Are Available After a Murder Conviction?
A murder conviction in California isn’t necessarily the end of your case. The appeals process provides several potential avenues for challenging your conviction or sentence. A direct appeal must typically be filed within 60 days of sentencing and can challenge legal errors that occurred during your trial.
Senate Bill 1437 allows some individuals convicted of felony murder to petition for resentencing if they weren’t the actual killer and didn’t act with reckless indifference to human life. The law also affects cases involving natural and probable consequences theories.
You may also have options through habeas corpus petitions, which can raise issues about ineffective assistance of counsel or newly discovered evidence.
While these post-conviction remedies have strict deadlines and complex requirements, they can provide crucial opportunities to challenge unfair convictions or excessive sentences.
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How does California Handle Juvenile Murder Sentences?
California has significantly reformed its approach to juvenile murder cases in recent years. Under current law, most juveniles convicted of murder now have a meaningful opportunity for parole after serving 25 years.
The transfer of juvenile cases to adult court has also become more restricted. Prosecutors must now conduct transfer hearings to prove that juveniles aged 16 or 17 should be tried as adults in murder cases.
The court considers factors such as the degree of criminal sophistication, potential for rehabilitation, and the circumstances of the offense when making this determination.
Recent legislation has also created opportunities for people serving life sentences for crimes committed as juveniles to petition for resentencing.
Contact a Criminal Defense Lawyer Today
Understanding murder sentences in California requires careful consideration of numerous factors that can affect the outcome of your case. The severity of these charges means you’re facing life-altering consequences that demand immediate attention.
We understand the complexity of murder cases and the devastating impact they can have on you and your family. Our criminal defense team has extensive experience handling serious violent crime cases in California courts.
Contact us today for a confidential consultation about your case and learn how we can help protect your rights and future.
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