California Penal Code 187 – Murder

Overview

Under Penal Code 187, murder is defined as the unlawful killing of a human being or fetus with malice aforethought. It is one of the most serious crimes in California, punishable by life in prison or even the death penalty in certain cases.

Murder charges are legally and emotionally complex. They can arise from shootings, stabbings, domestic violence, vehicular incidents, or even drug overdoses. Prosecutors often overcharge, relying on circumstantial evidence or questionable witnesses.

At Jones Trial Attorneys, we treat murder cases with the urgency, depth, and trial preparation they demand. We fight aggressively to reduce or dismiss charges, challenge the theory of malice, and expose weaknesses in the prosecution’s timeline or forensic evidence.

Legal Definition

Penal Code § 187(a) defines murder as:

“The unlawful killing of a human being, or a fetus, with malice aforethought.”

Types of Murder in California

1. First-Degree Murder

• Willful, deliberate, and premeditated

• Committed during a listed felony (e.g., robbery, rape, burglary) under the Felony Murder Rule

• May include lying in wait, poison, or torture

2. Second-Degree Murder

• Not premeditated

• Intentional, reckless disregard for life, or result of wanton conduct

Penalties for Murder

First-Degree Murder:

• 25 years to life in state prison

• Life without parole (in special circumstances)

• Death penalty (rare and currently suspended in California)

Second-Degree Murder:

• 15 years to life in prison

• 20 or 25 years to life if a firearm was used

• Additional time if the victim was a peace officer

Enhancements (e.g., firearm use, gang ties, prior murder convictions) can add decades or life sentences.

Defenses to Murder Charges

Every murder case demands a unique strategy. Common defenses include:

• Self-defense or defense of others

• Accidental death (no intent or malice)

• Lack of intent or heat of passion (may reduce charge to manslaughter)

• Insufficient evidence or faulty forensics

• Mistaken identity or false accusation

• Mental illness or diminished capacity (in rare cases)

We frequently consult with medical experts, toxicologists, crime scene analysts, and digital forensic specialists to build your defense.

Immigration and Collateral Consequences

A murder conviction has permanent and irreversible consequences:

• Life imprisonment or execution

• Immediate deportation or ICE hold for non-citizens

• Denial of parole, clemency, or compassionate release

• Firearm bans and ineligibility for record relief

Related Offenses

• PC 192 – Manslaughter

• PC 664/187 – Attempted Murder

• PC 189 – Felony Murder Rule

• PC 245 – Assault with a Deadly Weapon

How Jones Trial Attorneys Can Help

We handle homicide cases with discretion, diligence, and unmatched courtroom preparation. Whether your case involves mistaken identity, self-defense, or overcharging by prosecutors, we will fight for your life, liberty, and future.

💼 Free consultations

⚖️ Homicide trial experience

📍 Based in San Diego, available statewide for major cases

Facing Murder Charges? Call Us Immediately.

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.