California murder laws classify these homicides as the unlawful killing of a person with malice aforethought. The state has two levels of murder charges: first-degree murder and second-degree murder. Both of these charges are extremely serious.

If you’re facing murder charges, you need to take the time to understand your situation and find a skilled murder lawyer who can help you construct a coherent defense.

The Types of Murder

Murder charges are defined in the CA Penal Code 187, which differentiates between four types of charges:

1. Second-degree murder: Second-degree murder is the least serious of these charges. It involves the killing of a person without any premeditation. Second-degree murder should be differentiated from voluntary manslaughter, a less serious type of homicide. Unlike voluntary manslaughter, which includes unplanned, heat-of-passion killings, second-degree murder involves the presence of malice aforethought.
2. First-degree murder: First-degree murder involves premeditation. If you make plans to kill a person and carry them out, you’ll likely be charged with this extremely serious crime.
3. Felony murder: Felony murder is a type of first-degree murder that occurs when someone kills another person during the commission of another felony. Recent changes to California’s penal laws allow the state to charge only those who were directly involved in the killing or demonstrated intent.
4. Capital murder: Capital murder is another form of first-degree murder with special circumstances that merit the application of the death penalty or life in prison without parole. You might face capital murder charges for killing law enforcement officials, witnesses, or multiple people. Killings for financial gain and those motivated by the victim’s race, color, or religion can also merit capital murder charges.

Penalties for Murder

Each level of murder comes with a different set of potential penalties:

• Second-degree murder: If convicted of this crime, you could face 15 years to life in prison.
• First-degree murder: First-degree murder confers a penalty of 25 years to life in prison. However, there are enhanced penalties for certain circumstances, such as killings that involved a hate crime, lying in wait, torture, or the use of destructive devices.
• Felony murder: Felony murder is a form of first-degree murder and comes with a penalty of 25 years to life.
• Capital murder: Those convicted of capital murder can face the death penalty. However, it’s more likely that they will face life in prison without parole.

No matter the level of murder you’re accused of committing, if convicted, you’ll also face fines of up to $10,000, victim restitution, the loss of your gun rights, and a “strike” under California’s Three Strikes Law. If the crime was gang-related or involved a gun, there may also be sentencing enhancements.

Murder in California by the Numbers

In 2024, the DOJ reported 1,666 homicides across the State of California. Around 80% of the victims were male, and 20% were female. Over half of all the murders that took place in the Golden State that year involved killings by friends or acquaintances. Another 17.6% of people were killed by family members. Only 26.6% of murders involved strangers. In those crimes in which a weapon was identified, firearms accounted for 69.9% of all the weapons used.

Potential Defenses Against Murder

Your lawyer will be responsible for helping you come up with a defense strategy. The right strategy varies depending on the specifics of the case. Some of the most effective include:

• Self-defense: Certain killings are legally justified. This is the case if you believed you or another person was in imminent danger of being killed or suffering grievous bodily harm.
• Accident: If you didn’t intend to kill the person and were acting lawfully at the time of the killing, the death was an accident, and you should not be convicted of murder.
• Actual innocence: Proving that you were not present at the scene of the crime by providing an alibi in the form of a reliable witness or photographic evidence can help to prove that you were innocent of the crime.

Your lawyer may also be able to have the case thrown out if evidence was obtained unlawfully in violation of your Fourth Amendment rights.

FAQs

What Is the Sentence for Murder in California?

The sentence for murder in California depends on whether you’ve been charged with first-degree or second-degree murder. A second-degree murder conviction will leave you facing penalties of 15 years to life in prison. First-degree murder can leave you facing 25 years to life without parole. Under some limited circumstances, those convicted of first-degree murder can also face the death penalty.

Why Does 187 Mean Homicide?

The number 187 means homicide in California because it references the specific section of the CA Penal Code that defines murder. It’s common to hear this slang term used in popular culture, including music and movies, on the West Coast, but rarer in other parts of the country, where California’s Penal Code isn’t as relevant.

What Is the New Felony Murder Law in California?

The new felony murder law in California was established by SB 1437 and SB 775. The cumulative effect of these bills is to restrict when someone can be charged with murder for the death of a person who occurs during the commission of a felony. The accused must now have a higher degree of intent or direct involvement in the killing.

How Hard Is It to Beat a Murder Case?

How hard it is to beat a murder case depends on the specifics of your case and what kind of evidence the prosecution has against you. If the prosecution has a good deal of evidence and you don’t have an alibi, it will be harder to win your case. You can improve your chances of beating the charges by working with a skilled California murder attorney.

Hire a Murder Lawyer

If you need to hire a murder lawyer to help you beat your charges, look no further than The Law Office of Jacqueline Goodman. Jacqueline Goodman, the founding attorney, has extensive experience in interpreting murder laws and helping her clients construct coherent narratives of their cases that show their innocence. Take advantage of her skill and knowledge. Contact the firm to schedule an initial appointment today.