Murder

Homicide, a legal term, includes instances where one individual causes the death of another, whether intentionally, unintentionally, or through criminal negligence. Murder, a specific form of homicide, is categorized as a violent crime due to its deliberate act of ending another person's life. These acts align with violence, defined as the intentional use of physical force to cause harm or death.

In criminal cases, particularly those involving murder, prosecutors vigorously pursue convictions. Nevertheless, according to the law, individuals are presumed innocent until proven guilty. This presumption of innocence lasts throughout legal proceedings. You thus need legal assistance to protect your rights throughout the legal proceedings. At California Criminal Lawyer Group, our Fresno attorneys are fully committed to safeguarding your rights and ensuring a just trial process.

Murder as Described Under California Law

Murder, as defined by California law under Penal Code Section 187, is the deliberate and unlawful act of causing the death of either a human being or a fetus with premeditated malice aforethought.

PC 187’s definition of murder mentions unlawful killings. These are deliberate acts of causing the death of another person or animal without a valid legal justification or excuse.

Homicide, as mentioned earlier, is the act of killing another person, whether lawful or unlawful. It includes categories such as:

• Murder.
• Manslaughter, and
• Justifiable killings.

In California, murder is the gravest form of homicide and is always considered unlawful. The critical distinction between murder and manslaughter hinges on the presence of malice aforethought as a requirement for a murder charge.

Elements Prosecutors Must Prove

In a murder case, prosecutors must establish three fundamental elements to secure a conviction:

• You caused the death of another person or fetus.
• You acted with malice aforethought.
• You killed another without lawful excuse or justification, signifying that the act was not legally justified or excused under California law.

These elements are pivotal in building a murder case. Prosecutors must prove them beyond a reasonable doubt to secure a conviction against you.

Malice Aforethought

Malice aforethought is a legal term in criminal law, primarily relevant in murder cases. It pertains to the mental state or intent of the perpetrator before committing a homicide. There are two primary forms:

• Express malice — This occurs when the perpetrator specifically intends to kill the victim, involving a deliberate, premeditated decision to cause death.
• Implied malice — Implied malice is less specific. It arises when the perpetrator engages in reckless or dangerous behavior with a conscious disregard for human life, even if there is no specific intent to kill.

In murder cases, the presence of malice aforethought is a crucial factor distinguishing it from other types of homicide, like manslaughter.

Various Categories of Murder

Murder is categorized into various types based on the circumstances of your case. Common categories include:

• First-Degree Murder

First-degree murder is the gravest category of murder. It involves the meticulously premeditated act of intentionally causing the death of another person. It means that the perpetrator planned and clearly intended to kill the victim before committing the act.

Five distinct pathways can lead to a conviction for first-degree murder:

• Using destructive devices, weapons of mass destruction, explosives, armor-penetrating ammunition, or poison to kill another.
• Lying in wait to ambush the victim and kill him/her.
• Committing a willful, deliberate, and premeditated killing with careful planning and intent.
• Inflicting torture in violation of Penal Code 206.
• Engaging in felony murder, where someone is directly killed while in the commission of specific felonies.

• Second-Degree Murder

Any killings with malice aforethought that do not meet first-degree murder criteria are charged as second-degree murder.

Second-degree murder does not involve specific premeditation or deliberation. Instead, it arises from extreme recklessness. This sets it apart as more serious than a manslaughter charge. In second-degree murder cases, the defendant's actions are so reckless that a reasonable person would recognize the likelihood of death resulting.

• Felony Murder

Felony murder occurs when a killing takes place during the commission of a dangerous felony. It can lead to both first-degree and second-degree murder charges. This crime is addressed under Senate Bill 1437.

SB 1437 introduced significant changes to the state's use of the felony murder rule in its courts. Under the prior rule, individuals could be charged with first-degree murder if they were involved in a felony that resulted in someone's death, even if they did not directly cause the death or intend to kill. This law faced criticism for potentially imposing harsh penalties in cases where the defendant had a lesser role or lacked the intent to cause harm.

SB 1437 aimed to reform the rule in two ways:

• It restricted first-degree murder charges under the felony murder rule to those who were the actual killers, aided and abetted the killing, or intended to kill. Additionally, the felony murder rule applies if the victim was a law enforcement officer on duty and the defendant knew or should have known of the officer’s status.

Negligent and accidental deaths during felonies are no longer categorized as felony murder, except when the victim is an on-duty officer.

• It allowed the possibility of resentencing individuals previously convicted of first-degree murder under the old rule but who didn't meet the specified criteria.

The objective of SB 1437 was to create a fairer and more just application of California's felony murder law, particularly in cases where the defendant's level of involvement or intent did not warrant severe penalties.

First Degree-Murder Under the Felony Rule

The first-degree felony murder rule applies to specific crimes. These crimes include:

• Mayhem under PC 203.
• Torture under PC 206.
• Kidnapping under PC 207.
• Robbery under PC 211.
• Carjacking under PC 215.
• Train wrecking under PC 219.
• Arson under PC 451.
• Burglary under PC 459.

Additionally, it applies to certain California sex crimes, which include:

• Rape under PC 261.
• Unlawful acts of sodomy under PC 286.
• Unlawful acts of oral copulation under PC 287.
• Lewd acts with a minor under PC 288.
• Forcible acts of penetration under PC 289.

Second Degree-Murder Under the Felony Rule

The second-degree felony murder rule applies when another person dies while the perpetrator committed felonies that satisfy two conditions:

• Inherently dangerous felonies.
• Felonies not included in the first-degree felony murder rule.

These felonies inherently carry a substantial risk of causing a fatality. Unlike the first-degree rule specifying particular felonies, there is no pre-established list of inherently dangerous felonies. Consequently, courts evaluate each case individually to determine the applicability of the second-degree felony murder rule.

• Capital Murder

Capital murder is a specific form of first-degree murder with the potential for either:

• The death penalty or
• Life imprisonment without parole (LWOP).

It is also referred to as "first-degree murder with special circumstances.

This category of murder involves over 20 distinct situations outlined in PC 190.2, which elevate a first-degree murder to capital murder status. Some notable exceptional circumstances involve:

• Committing multiple murders.
• Murder for financial gain.
• Killing several individuals, including firefighters, police officers, judges, prosecutors, jurors, or elected officials.
• Murdering a witness to obstruct their testimony.
• Murdering due to the victim's color, race, religion, nationality, or country of origin.
• Involvement in a drive-by shooting.
• Gang-related killings under PC 186.22.

These exceptional circumstances substantially impact the seriousness of the murder charge and the potential penalties following a conviction.

Fighting Murder Charges

Selecting the best defense strategy is a task that requires a meticulous case review, an understanding of legal nuances, and a careful evaluation of your situation. At California Criminal Lawyer Group, we aim to provide exceptional legal counsel, striving for the most favorable outcome. Here are some viable defense options we will consider:

• You Acted in Self-defense

You can assert that you acted in self-defense or defense of others to prevent imminent harm or death. The law requires you to establish several elements as true, namely:

• You must have genuinely believed that you or someone else faced an immediate threat of severe bodily harm or death. Alternatively, the threat could have been of becoming victims of violent crimes like rape, maiming, robbery, or other violent offenses.
• The force you used in self-defense must have been proportionate to the perceived threat — Excessive force weakens this defense.
• You should not have initiated the confrontation or engaged in unlawful conduct leading to the altercation.
• The threat must have been imminent, with no time for alternative actions or escape.

The effectiveness of a self-defense argument often hinges on the case's specifics, available evidence, and the defense attorney's presentation. You must prove that your actions were justifiable and reasonable.

California recognizes imperfect self-defense, commonly known as the "Flannel" doctrine. In cases of imperfect self-defense, individuals act based on an honest but unreasonable belief in imminent danger.

Although imperfect self-defense does not entirely absolve a murder case, it can lead to a reduced charge of voluntary manslaughter. This distinction rests on the notion that your unreasonable belief influenced your actions, mitigating the offense's severity.

• The Insanity Defense

You can enter a plea of "not guilty by reason of insanity," and this plea is evaluated based on the M'Naghten test. Under the M'Naghten test, you can establish an insanity defense if you can demonstrate that, at the time of the crime, you experienced one of the following conditions:

• Inability to differentiate right from wrong — You can also make an insanity defense claim if you cannot distinguish between right and wrong concerning your actions. This relates to an inability to comprehend that your actions were morally or legally incorrect.
• Lack of understanding of the act — You did not fully grasp the nature and consequences of your actions. In simpler terms, you were unaware of what you were doing or the potential outcomes of your actions.

Successfully proving that you met one of these criteria at the time of the crime can lead to an insanity verdict. However, an insanity verdict does not result in a complete dismissal of the charges. Instead, it often leads to an alternative legal outcome, for example, commitment to a mental health facility rather than incarceration.

Accepting an insanity plea and the specific consequences can vary significantly based on the unique circumstances of your case and the evidence presented. An insanity defense is a complex legal strategy and frequently involves the presentation of expert testimony and a thorough evaluation of your mental state at the time of the crime.

• The Killing Was Accidental

This legal strategy argues that the death resulted from an unintended, accidental act rather than deliberate or malicious intent to kill. Several critical points should be highlighted to effectively employ this defense:

• Absence of intent — The core argument is that you lacked the necessary intent to commit murder. Instead, you could assert that the death occurred due to an unforeseeable accident while engaged in lawful or non-lethal activities.
• Lack of recklessness — The defense seeks to demonstrate that you did not act recklessly or with disregard for human life, which is often associated with manslaughter charges. Instead, it emphasizes that the death was a tragic accident without any criminal culpability on your part.
• Foreseeability — The defense could underscore the lack of foreseeability regarding the fatal outcome, asserting that you could not have reasonably anticipated the consequences of your actions.
• Evidence and testimony — This defense involves presenting evidence and witness testimony that bolsters the incident's accidental nature. This could include expert testimony, eyewitness accounts, and physical evidence.
• Alternative explanations — The defense could propose alternative explanations for the events leading to the death, spotlighting factors that indicate an accident rather than intentional harm.

Ultimately, the outcome of these cases lies in the hands of the jury. They will assess the evidence and arguments presented by both the prosecution and your defense team.

• Your Confession Was Coerced

Police coercion is strictly prohibited under Miranda and constitutional protections. Law enforcement officers must adhere to these rules and are never allowed to use coercive tactics to extract confessions from suspects.

Some of the illegal and coercive interrogation methods that must be avoided include:

• Making threats — Police cannot threaten the suspect or their family during questioning in any way.
• Offering leniency for confession — Promising more lenient treatment in exchange for a confession is also deemed coercive and is against the law.
• Threatening with the death penalty — Threatening a suspect with the death penalty is not allowed and is considered coercion.

When law enforcement employs coercive tactics that lead to an involuntary confession, a legal remedy is in place. The court typically excludes the coerced confession from evidence, acknowledging that it was obtained improperly.

Social science research has unfortunately shown that coercion has led to the prosecution and conviction of many innocent individuals. This underscores the importance of upholding constitutional protections and ensuring that confessions are obtained legally and voluntarily.

• You are a Victim of an Illegal Search and Seizure

Under this defense, your attorney will challenge the admissibility of evidence law enforcement officers obtained unlawfully. At its core, this defense relies on the Fourth Amendment of the U.S. Constitution. It protects individuals against unreasonable searches and seizures. There are grounds to challenge the evidence obtained when government officials violate these constitutional protections. Defense attorneys initiate a legal process to exclude the evidence acquired through unconstitutional means from the trial.

Lawyers typically file a PC 1538.5 motion to suppress evidence. This motion argues that the evidence in question was gathered in violation of the defendant's Fourth Amendment rights. This evidence can include:

• Physical evidence.
• Witness statements, the defendant’s words, or
• Materials obtained without proper legal justification.

The primary objective is to prevent this evidence from being presented at trial. Since it was obtained unconstitutionally, it undermines your right to a fair trial.

The consequences of a judge granting this motion and suppressing the evidence can be profound for the prosecution's case. Without crucial evidence, the prosecutor's ability to establish your guilt beyond a reasonable doubt will be significantly hampered. In certain situations, the dismissal of the murder charge becomes a necessity if the remaining evidence fails to suffice for a conviction.

Central to this defense strategy is the defense attorney's commitment to upholding the Fourth Amendment rights of the accused. It places the responsibility on the defense attorney to scrutinize the actions of law enforcement, identify any violations of constitutional protections, and pursue appropriate remedies.

Penalties if Convicted of Murder

A conviction for murder results in varying penalties, depending on the degree of murder you are convicted of.

• First-Degree Murder

First-degree murder is punishable by a sentence of 25 years to life in prison.

However, if the killing resulted from a hate crime, a conviction will result in a life without parole sentence. Hate crime murder, often referred to as bias-motivated murder, occurs when the victim is singled out due to their:

• Ethnicity.
• Race.
• Nationality.
• Religion.
• Disability.
• Sexual orientation.
• Gender.
• Gender identity.

In instances of hate crime murder, the central motivation behind the killing is the victim's connection to one or more of these protected characteristics. Prosecutors must establish that the murder was fueled by bias, prejudice, or hatred directed towards the victim's identity based on one or more factors.

• Second-Degree Murder

Second-degree murder carries a base sentence of 15 years to life in state prison. However, specific factors and aggravating circumstances can lead to an increased sentence:

• If you have a prior murder conviction, your sentence becomes life in prison without the possibility of parole.
• Shooting from a vehicle intending to cause serious injury results in a sentence of 20 years to life.
• When the victim is a peace officer, the penalty is elevated to 25 years to life.
• Your sentence remains at 25 years to life if the victim is a peace officer and you:
  • Intended to kill the officer or
  • Intended to inflict great bodily injury, or
  • Used a deadly weapon or firearm,

• Capital Murder

Capital murder is the most serious homicide charge, with the following penalties upon conviction:

• The death penalty, administered through an intravenous injection of a lethal substance or a lethal dose of gas.
• Life imprisonment without the possibility of parole.

However, executions were put on hold following a temporary suspension of executions on March 12, 2019, by Governor Gavin Newsom. This decision was motivated by concerns over the potential wrongful execution of individuals and the disproportionate impact on minority communities.

• Additional Penalties

You also risk facing additional penalties if convicted of murder. They include the following:

• A maximum fine of $10,000.
• A requirement to pay the victim restitution fees, whose value is determined by the courts.
• Loss of gun rights under PC 29800.
• A potential additional sentence of 10, 20, or 25 years to life in prison if you used a firearm during the murder or in the commission of a felony.
• Enhanced sentencing in cases involving firearm use or gang-related offenses per Penal Code 186.22.
• A strike on your record — Per California’s Three Strikes Law, a strike on your record increases your sentences for convictions of future offenses.

In addition, individuals convicted of murder while attempting or committing specific offenses must register as Tier 3 sex offenders for life under SB 384. These offenses are:

• Rape.
• Sodomy.
• Lewd acts with a child under 14.
• Oral copulation with a minor or
• Forcible penetration with a foreign object.

Find an Experienced Criminal Defense Attorney Near Me

Evaluating a case and choosing a sound defense strategy is vital to upholding a fair and equitable legal process. Attorneys assume a pivotal role in protecting the rights of the accused and deftly navigating the intricacies of the legal system.

If you need additional support or legal representation in a murder case, contact the seasoned Fresno attorneys at the California Criminal Lawyer Group. Our team offers valuable guidance and acts as staunch advocates for your legal rights. Given the intricate nature of legal proceedings, enlisting the services of our team is often the most prudent step to navigate the intricacies of the legal process successfully.

Contact us today at 559-712-8377 and speak to one of our attorneys. We are ready to take on your case and defend your rights.