Why You Need to Know About First-Degree Murder Charges in California

First-degree murder in California is defined as an unlawful killing that is both willful and premeditated. This means that the person accused planned the act and carried it out with the intent to kill. It is the most serious form of homicide under California law.

For example, if an individual carefully plans out an attack and then kills another person, this could lead to a first-degree murder charge. The penalties for this charge are severe, often including life imprisonment without the possibility of parole, and in some cases, the death penalty.

Understanding the specifics of first-degree murder is essential because the nature of this charge impacts the severity of the punishment. First-degree murder is distinct from other types of homicide, such as second-degree murder or manslaughter, based on the level of premeditation and intent. Knowing these differences is crucial for anyone involved in a legal situation related to homicide in California.

What Constitutes First-Degree Murder in California?

Intent

To be charged with first-degree murder, the defendant must have had the specific intent to kill. This intent is crucial and can apply even if the person killed was not the intended target. For example, if someone plans to kill one person but accidentally kills another, the intent to kill can still lead to a first-degree murder charge.

Premeditation and Deliberation

Premeditation means that the defendant thought about committing the murder before carrying it out. Deliberation refers to the defendant’s decision to kill after careful thought, rather than acting on impulse. The law does not require a specific amount of time for premeditation; even a brief moment of planning can be enough if it shows a conscious decision to kill.

Malice Aforethought

Malice aforethought is a key element in first-degree murder. It involves an intent to kill or an extreme disregard for human life. Under California law, this concept doesn’t necessarily require hatred or spite but rather an intentional act that leads to death. For example, if someone fires a gun into a crowd, even without targeting anyone specifically, the act can be seen as having malice aforethought.

In California, certain types of killings are automatically classified as first-degree murder without the need for further proof of premeditation or deliberation. These include murders committed by means of explosives, lying in wait, or torture, as well as murders committed during the commission of specific felonies, such as arson, robbery, or burglary.

Examples of First-Degree Murder Scenarios

1. Planned Attack

One of the most straightforward scenarios involves a planned attack. For instance, if someone, like John, believes that a coworker has wronged him and decides to seek revenge, John might plan to confront and kill the coworker. If John spends days thinking about how to carry out the murder and then follows through with it, he could be charged with first-degree murder because the killing was both premeditated and deliberate.

2. Killing During a Robbery

First-degree murder charges can also stem from killings that occur during the commission of certain felonies, a concept known as felony murder. For example, if two individuals, Alex and Taylor, decide to rob a convenience store, and during the robbery, Alex shoots and kills the store clerk, both Alex and Taylor could be charged with first-degree murder. This applies even if the killing was not planned beforehand, as the murder occurred during the commission of a dangerous felony.

3. Lying in Wait

Another scenario involves a situation where the murderer lies in wait for the victim. Imagine Sarah has a grudge against her neighbor, Mike. Sarah waits outside Mike’s house, hidden, until he comes out. When Mike steps outside, Sarah ambushes and kills him. This kind of ambush, where the perpetrator lies in wait to execute the killing, can lead to first-degree murder charges because it involves premeditation and intent to kill.

4. Torture or Extreme Cruelty

Murders that involve torture or extreme cruelty are often prosecuted as first-degree murder in California. For example, if a person kidnaps someone and inflicts prolonged pain or suffering before killing them, this act is likely to be charged as first-degree murder due to the deliberate and cruel nature of the crime.

5. Killing a Law Enforcement Officer

California law also specifies that the intentional killing of certain individuals, such as law enforcement officers or firefighters who are performing their duties, can be charged as first-degree murder. For example, if someone targets and kills a police officer during a traffic stop, this act would likely be prosecuted as first-degree murder due to the specific victim involved.

Penalties for First-Degree Murder in California

Life Imprisonment

The primary penalty for first-degree murder in California is life imprisonment. Depending on the specifics of the case, this can mean either life imprisonment with the possibility of parole or life imprisonment without the possibility of parole.

• Life with the Possibility of Parole: This means that the individual could be eligible for parole after serving a minimum of 25 years, though parole is not guaranteed.
• Life without the Possibility of Parole (LWOP): In cases where the murder is considered particularly heinous, such as involving multiple victims or the killing of a law enforcement officer, the sentence is often life without the possibility of parole. This means the convicted person will spend the rest of their life in prison without any chance of release.

The Death Penalty

California law also allows for the death penalty in certain cases of first-degree murder. However, this is only applicable under specific aggravating circumstances, such as:

• The murder was particularly cruel or involved torture.
• The victim was a police officer, firefighter, or another protected individual performing their official duties.
• The murder occurred during the commission of certain felonies, like robbery, kidnapping, or rape (under the felony murder rule).
• The defendant has a prior conviction for murder.

It’s important to note that while the death penalty is still legally on the books in California, there has been a moratorium on executions since 2019, meaning that no one is currently being executed in the state.

Mitigating Factors

While the penalties for first-degree murder are severe, certain mitigating factors can influence sentencing. These factors might not eliminate a first-degree murder conviction but can result in a lesser sentence or provide grounds for a sentence of life with the possibility of parole rather than life without it. Common mitigating factors include:

• No Prior Criminal Record: If the defendant has no prior convictions, this can weigh in their favor.
• Mental Illness or Impairment: If the defendant was suffering from a mental illness or impairment at the time of the crime, it might be considered a mitigating factor.
• Age: Younger defendants, especially minors, may receive different treatment under the law.
• Provocation: If the defendant was provoked in a way that might explain their actions, this could potentially reduce the severity of the sentence.

Understanding the Felony Murder Rule in California

The felony murder rule in California is a legal doctrine that allows for a killing to be charged as first-degree murder, even if the person committing the crime did not intend to kill anyone. Under this rule, if a death occurs during the commission of certain felonies, the participants in the felony can be charged with first-degree murder, regardless of their intent.

How the Felony Murder Rule Works

In California, the felony murder rule applies when a death occurs during the commission, or attempted commission, of a specific set of felonies. These felonies include, but are not limited to:

• Arson
• Rape
• Robbery
• Burglary
• Kidnapping
• Carjacking

For example, if two people, Sam and Alex, decide to rob a bank, and during the robbery, a security guard is shot and killed—whether by Sam, Alex, or even by another person involved—both Sam and Alex can be charged with first-degree murder under the felony murder rule. This applies even if they did not plan or intend to kill anyone during the robbery.

Recent Changes to the Felony Murder Rule

In 2019, California enacted Senate Bill 1437, which significantly narrowed the application of the felony murder rule. Now, to be charged with first-degree murder under this rule, one of the following must be true:

• The defendant was the actual killer.
• The defendant aided and abetted the killing with the intent to kill.
• The defendant was a major participant in the underlying felony and acted with reckless indifference to human life.

For example, if during a burglary, a homeowner is killed, but the person charged was not the actual killer, and they did not intend for anyone to be killed or act with reckless disregard for life, they may no longer be charged with first-degree murder under the new law.

How to Defend Against First-Degree Murder Charges

When facing a first-degree murder charge in California, there are several defense strategies that can be employed, depending on the specifics of the case. The goal of these defenses is to either reduce the severity of the charge, obtain an acquittal, or negotiate a lesser sentence. Here are some common defenses used in first-degree murder cases:

1. Lack of Intent

One of the primary elements of first-degree murder is intent. The prosecution must prove that the defendant had a willful and premeditated intent to kill. If the defense can show that there was no intent to kill, the charge could potentially be reduced to a lesser form of homicide, such as second-degree murder or manslaughter. For example, if the killing occurred in the heat of the moment without prior planning, the defense might argue that the act was not premeditated.

2. Self-Defense

Self-defense is another common defense in first-degree murder cases. This defense is applicable when the defendant can show that they were protecting themselves from imminent harm or death. In California, if a person reasonably believes that they are in imminent danger and uses deadly force to protect themselves, this can be a valid defense against a murder charge. For instance, if someone is attacked and kills their assailant in the struggle to protect their own life, this could be argued as self-defense.

3. Insanity Defense

The insanity defense can be used if the defendant was suffering from a severe mental illness at the time of the crime and could not understand the nature of their actions or distinguish right from wrong. In California, a successful insanity defense could result in the defendant being committed to a mental health facility instead of being sentenced to prison. This defense requires substantial evidence, including expert testimony, to demonstrate the defendant’s mental state at the time of the killing.

4. Alibi

An alibi defense involves proving that the defendant was not present at the scene of the crime when the murder occurred. If the defense can provide credible evidence, such as witness testimony or video footage showing that the defendant was elsewhere at the time of the murder, it can create reasonable doubt and lead to an acquittal.

5. Mistaken Identity

Mistaken identity is a defense strategy that argues the defendant was incorrectly identified as the perpetrator. This can be supported by evidence such as DNA, fingerprints, or discrepancies in witness descriptions that suggest someone else committed the crime.

How an Experienced Criminal Defense Attorney Can Help

An experienced attorney will thoroughly investigate the case, gather evidence, and challenge the prosecution’s claims. This might involve questioning the reliability of witness testimony, examining the methods used to collect forensic evidence, and identifying any procedural errors. For example, Attorney Arash Hashemi successfully defended a client charged with attempted murder by arguing that the client acted in self-defense. Initially, the prelim judge was concerned about whether the force used was excessive, and the charges were reduced to attempted voluntary manslaughter with an additional gun enhancement. However, Attorney Hashemi filed a PC 995 motion to dismiss the charges, arguing that the self-defense claim was valid. After thorough examination and extensive arguments, the trial judge agreed, and all charges were dismissed.

In cases where the defense is based on lack of intent, a skilled attorney might demonstrate that the killing was spontaneous and not premeditated. In self-defense cases, the attorney would work to prove that the defendant’s actions were justified given the circumstances. For insanity defenses, the attorney would coordinate with mental health experts to establish the defendant’s mental state at the time of the crime.

Overall, having the right defense strategy is crucial. A knowledgeable attorney can negotiate with prosecutors for lesser charges, explore plea deals, or even achieve a dismissal of the case, depending on the situation. Their expertise and dedication to your case can be the key to protecting your rights and your future.

Protect Your Rights: Contact a Los Angeles Homicide Attorney Today

First-degree murder charges in California are incredibly serious, with potential penalties including life imprisonment without parole or even the death penalty. It’s crucial to understand what these charges mean and to have the right legal help to protect your future.

At The Law Offices of Arash Hashemi, we have extensive experience in defending clients against serious charges like first-degree murder. We know what’s at stake, and we’re committed to working on your behalf to achieve the best possible outcome.

Schedule a Consultation:

Phone: (310) 448-1529
Email: Contact@hashemilaw.com
Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.

We are conveniently located in Los Angeles, serving clients in Santa Monica, Beverly Hills, and Westwood. Contact us today to discuss your case and find out how we can help you.

Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.