Understanding Types of Murder Charges in California:First-Degree, Second-Degree, Manslaughter, and the Felony Murder Rule
What are different types of Murder in California
Murder charges in California are among the most serious offenses in the state’s legal system. Understanding the distinctions between the various types of murder charges and their associated penalties is crucial for anyone facing such allegations. This article will explore the primary types of murder charges in California, their legal definitions, and the penalties involved, including how these charges compare to manslaughter and the felony murder rule.
California law, under Penal Code 187, defines murder as “the unlawful killing of a human being, or a fetus, with malice aforethought.” But not all murder charges are treated the same. The specific degree of murder or manslaughter a person is charged with can dramatically affect sentencing and legal strategies for defense.
First-Degree Murder (Penal Code 187(a))
First-degree murder is the most severe type of murder charge in California. It involves the killing of another person with premeditation, deliberation, and malice aforethought. In simpler terms, this means the killing was planned, intentional, and carried out with a conscious disregard for human life.
Key Elements:
- Premeditation: The defendant made a conscious decision to kill the victim before carrying out the act.
- Deliberation: The defendant carefully weighed the consequences of their actions and still chose to kill.
- Malice Aforethought: The intention to commit an unlawful act that would result in death.
Penalties:
If convicted of first-degree murder, penalties include:
- 25 years to life in prison.
- Life without the possibility of parole (LWOP) in cases involving special circumstances (Penal Code 190.2), such as killing a police officer or committing multiple murders.
- Death penalty, although California has a current moratorium on executions, meaning no executions are currently being carried out, but the death sentence can still be imposed.
Special Considerations:
CALCRIM 521 outlines the jury instructions for determining whether a murder is first-degree. It highlights factors such as lying in wait or using a destructive device (e.g., bombs), which can automatically elevate a killing to first-degree murder.
Second-Degree Murder (Penal Code 187(b))
Second-degree murder is a less severe charge than first-degree murder, but it is still extremely serious. It applies when the killing was intentional but without premeditation or deliberation. In other words, while the defendant intended to kill, it was not a pre-planned act.
Key Elements:
- The killing was intentional but occurred in the heat of the moment or under circumstances that do not involve a long period of planning.
- There is still malice aforethought, but without the specific planning and premeditation required for first-degree murder.
Penalties:
Second-degree murder carries the following penalties:
- 15 years to life in prison.
- If the victim was a police officer, the sentence increases to 25 years to life.
- Certain other factors, such as prior convictions or the use of a firearm, can enhance the sentence (Penal Code 12022.53).
Special Considerations:
Under CALCRIM 520, second-degree murder is described as an intentional killing without premeditation. This distinction often leads to reduced charges from first-degree to second-degree if the defense can argue that the killing occurred spontaneously.
Attempted Murder (Penal Code 664/187)
Attempted murder occurs when someone tries to kill another person but is unsuccessful. The defendant must have taken a direct step toward committing the killing and acted with malice aforethought.
Penalties:
- Life in prison with the possibility of parole for attempted first-degree murder.
- 5, 7, or 9 years in state prison for attempted second-degree murder.
Special Considerations:
- Under CALCRIM 600, juries are instructed that the defendant must have had a clear intent to kill and took substantial steps toward committing the murder for a conviction of attempted murder. What constitutes a substantial step is defined mostly by case law, and experienced attorneys like those at Gomez, Radford, & Rome are necessary if you’re trying to find out if this technicality could be a loophole that sets you free. Call for a free consultation any time.
Felony Murder Rule (Penal Code 189)
The felony murder rule holds that a person can be charged with murder if someone dies during the commission of certain felonies, regardless of intent to kill. In California, this rule was traditionally applied broadly, but recent changes through Senate Bill 1437 have limited its scope.
Key Elements:
- The killing occurs during the commission, or attempted commission, of specific felonies, including robbery, burglary, arson, rape, or kidnapping.
- Under SB 1437, a person can only be charged with felony murder if they were the actual killer, a major participant in the crime, or acted with reckless indifference to human life.
Penalties:
- First-degree felony murder results in 25 years to life, life without parole, or the death penalty if special circumstances apply.
- Second-degree felony murder (less common after SB 1437) can carry penalties of 15 years to life in prison.
Special Considerations:
CALCRIM 540A and CALCRIM 540B outline jury instructions for felony murder cases. These clarify when a person can be found guilty of felony murder based on their role in the underlying felony and whether they exhibited reckless indifference to human life.
Manslaughter (Penal Code 192)
While murder charges involve malice aforethought, manslaughter is a lesser offense where the defendant did not act with malice. There are two main types of manslaughter charges in California: voluntary and involuntary.
a. Voluntary Manslaughter (Penal Code 192(a))
Voluntary manslaughter occurs when a person kills someone in the heat of passion or during a sudden quarrel, without the intention to kill beforehand but under circumstances where the emotional state of the defendant clouds their judgment.
Key Elements:
- There is no malice aforethought, but the killing was intentional.
- The defendant acted in the heat of passion or was provoked in a way that would cause a reasonable person to lose self-control.
Penalties:
- 3, 6, or 11 years in state prison.
Special Considerations:
- Voluntary manslaughter is often charged when a defense successfully reduces what would have been a murder charge by arguing provocation or diminished capacity.
b. Involuntary Manslaughter (Penal Code 192(b))
Involuntary manslaughter applies when the defendant unintentionally kills another person through criminal negligence or while committing a non-felony crime that leads to death.
Key Elements:
- The killing was unintentional and occurred due to the defendant’s recklessness or negligence.
- There is no intent to kill or malice aforethought.
Penalties:
- 2, 3, or 4 years in state prison.
Special Considerations:
Under CALCRIM 580, involuntary manslaughter is distinguished from murder based on the absence of intent to kill and the presence of negligence, making it a viable defense strategy in many cases where the prosecution cannot prove malice.
See Also: Vehicular Manslaughter (Penal Code Section 192(c))
Vehicular Manslaughter applies when the unintentional death occurs when the defendant is driving. Gomez, Radford, & Rome have significant experience handling and defending these cases. See our article to learn more.
Hire Gomez, Radford, & Rome if you’re charged with violating California P.C. 187 or P.C. 192
Understanding the different types of murder charges in California is crucial for anyone facing these serious allegations. The penalties for first-degree, second-degree, felony murder, and manslaughter vary greatly depending on the circumstances of the crime and the defendant’s mental state. At Gomez, Radford, & Rome, we specialize in providing aggressive, strategic defense for clients facing these life-altering charges.
Why Choose Gomez, Radford, & Rome?
Our firm’s unique advantage comes from our team of former prosecutors who know how the prosecution builds murder cases. We have a proven track record of successfully defending clients against murder charges by leveraging our deep understanding of California’s legal system. Contact us today for a free consultation and learn how we can help protect your rights and future.