Murder

It is against the law in California to take another’s life or that of an unborn child with malice afterthought. According to California law, "malice" refers to acting to harm, inflict pain, or cause suffering while showing disdain for other people's lives or well-being. When you take another person's life, you are committing homicide.

Homicide can be categorized as either manslaughter or murder. A homicide is classified as murder or manslaughter depending on the specifics of the case. Convictions for murder carry a life sentence. If you or a loved one has been accused of murder in Bakersfield, CA, we at the California Criminal Lawyer Group are available to provide legal representation for your case.

An Overview of Murder Crimes Under California Laws

Murder is defined under Penal Code 187(a) as "the unlawful killing of someone else with malice aforethought." The definition of Penal Code 187 highlights several key elements, specifically:

• The illegal or unlawful killing—this entails the unjustified taking of someone else's life.
• Malice aforethought—this is the deliberate intent to take another person's life without a valid reason or excuse. It doesn't necessarily imply that the accused person had the intent to take someone's life out of ill will.

Additionally, malice can be either implied or express. Express malice refers to a murderous intent. However, implied malice can be seen in any of the following circumstances:

• Unintentionally killing someone else.
• The consequences of a defendant's acts pose an imminent threat to human life.
• The offender intentionally ignored the risk that his or her conduct posed to another person's life despite being aware of it.

While both manslaughter and murder are technically homicides, manslaughter is any unintentional killing of another committed in the heat of passion or due to reckless contempt for the lives of others. The key element of murder, malice aforethought, is absent in the manslaughter definitions.

Based on the specifics, you could be charged with either first- or 2nd-degree, or capital murder.

First-Degree Murder

There are five distinct ways that a person can perpetrate first-degree murder.

• Deliberate, intentional, and planned killing, such as entering a person's home with the intent to kill them.
• Utilizing either explosives, weapons that can cause mass destruction, destructive devices, poison, metal-piercing projectiles.
• Laying in wait, which includes acts such as waiting for a person's arrival and killing them immediately after they arrive.
• Torture under Penal Code Section 206.
• Felony murder. This is defined as killing another person during the commission of a violent felony offense.

Capital Murder

First-degree murder committed under unusual circumstances is known as capital murder. The circumstances under which an offender could be accused of capital murder are laid forth under PC 190.2. They include:

• Taking the lives of at least two people.
• Killing for money.
• Killing a law enforcement officer, a firefighter, a prosecutor, a jury member, a judge, or an elected official.
• Gang killings which are against Penal Code 186.22.
• Killing a person to keep them from testifying.
• Drive-by shootings which is against Penal Code 26100.

Second-Degree Murder

A person is guilty of second-degree murder if they kill another person even though they did not intend to and did not premeditate their actions. The scope of the definition is large. Therefore, prosecutors investigate and prosecute cases of intentional killing that fall short of the requirements for first-degree murder.

Under legal definitions, the following are examples of acts that qualify as second-degree murder.

• Shooting into a crowd without a clear target, to scare people or cause physical harm, but ending up killing someone else.
• Hitting a drunk person violently and accidentally killing them.
• If you've previously been convicted of DUI and then got into an accident while drunk that killed someone else.

Felony Murder

According to California law, people who kill while committing a violent crime like robbery are guilty of felony murder. Before the 2018 modification to the state's murder law was signed into law by Governor Jerry Brown, someone who accidentally killed another during the commission of a violent felony could be prosecuted for felony murder. The new statute, SB 1437, specifies the conditions under which a person may be accused of felony murder. They include:

• You wanted to kill someone, and you aided, abetted, advised, solicited, or helped the real killer.
• You committed the offense.
• You participated actively in the main crime and acted carelessly and without regard for other people's live.
• You knew or ought to have known that the victim was a peace officer who was carrying out their legal obligations.

Therefore, unless the victim was an on-duty officer, the accidental death will not lead to felony murder accusations.

The District Attorney can pursue first-degree or second-degree criminal murder charges.

If the victim was killed while you were committing any acts listed below, you will be charged with felony first-degree murder.

• Mayhem, a violation of Penal Code 203.
• Kidnapping which is prohibited under Penal Code 207.
• Torture, which is a violation of Penal Code 206.
• Carjacking which is against Penal Code 215.
• Robbery, a crime punishable under Penal Code 211.
• Rape which is punishable by Penal Code section 261.
• Train wrecking, a violation of Penal Code 219.
• Having oral sex with a child is a violation of Penal Code 287.
• Sodomy, a Penal Code 286 violation 286.
• Forcible sexual intercourse using a foreign object, a Penal Code 289 violation.
• Lewd acts on a child under 14, a violation of Penal Code 288.
• Arson, a Penal Code 451 violation.

The crimes listed above pose a very actual risk of death. The courts will determine whether the crime qualifies for a second-degree criminal murder charge.

As a result, it depends on the circumstances whether the murder committed while committing a crime falls under the second-degree murder rule.

Elements of a Murder Charge

It is up to the prosecution to prove their case. A murder conviction requires the prosecution to establish the following:

• You did something that directly resulted in the death of someone else or a fetus.
• You murdered someone without a valid reason under the law.
• You acted with premeditated malice.

Defenses You Can Use if You've Been Accused of Murder

The specifics of each case dictate the best course of action for defense. Your lawyer will recommend the best defense to mount to get a favorable result after reviewing your case.

You Acted to Defend Yourself or Someone Else

Murder is defined under Section 187 as the unlawful killing of someone else. The emphasis is on unjustified or unlawful killing. When you or someone else are in danger and the situation calls for the use of reasonable force, the law could permit you to kill someone in self-defense.

The only time it is acceptable to take another person's life is when you or somebody you care about is in imminent danger of being killed, injured, raped, robbed, or subjected to any other form of violent or heinous crime. The legislation stipulates that the amount of force used must correspond to the anticipated threat.

In addition, timing is important. The imminent danger should be met with swift action. When deadly force is used on another person long after the danger has passed, the justification that it was used in self-defense or the defense of someone else will not suffice.

Mistaken Identity

There is always a possibility of mistaken identification occurring in murder investigations. Misidentification is caused by several factors, including:

• An intoxicated witness.
• Police officers making inaccurate suggestions.
• Poor lighting that makes it difficult to identify a suspect.
• Time's effect on a witness's ability to recall certain events.
• Misidentification because of a broad identifier, such as race.

The prosecution has the burden of establishing beyond a shadow of a doubt that you're the offender in question. However, the aforementioned elements can raise reasonable doubt. Your criminal defense lawyer can also utilize these strategies to justify misidentification.

Bring in a witness with experience in eyewitness identification to discuss the functioning of memory and its vulnerability. The goal of this strategy is to cast doubt on the eyewitness's ability to recall the events surrounding the purported murder and to undermine the prosecution's use of that witness' testimony.

Refute the law enforcement officer's methods for conducting lineups and photospreads by inferring their background and establishing a history of erroneous identification. The goal of this approach is to prevent the identification from being used as evidence in court.

You should request a real-time lineup to confirm that the witness correctly identified the accused using the same criteria that were used to identify the accused as the offender. Your criminal defense attorney's tactic is to raise reasonable doubt.

Unintentional Killing

To be convicted of murder, the prosecution must demonstrate malice aforethought. Consequently, an unintentional death, such as one that happened accidentally, qualifies as a defense.

The defense of accidental death may be used if the defendant:

• Wasn't acting carelessly — Someone commits criminal negligence whenever they owe the victim a legal duty of reasonable care, break that duty through careless behavior, and their carelessness significantly causes the victim's injuries.
• You were partaking in lawful activity at the time when the murder happened.
• Lacked a malicious intent to harm the victim.

Coerced or False Confessions

Miranda rights provide that a person cannot be interrogated by the police in a detention interrogation unless that person has been notified of their right to stay silent, has had the opportunity to speak with a lawyer, and has had the counsel present throughout the process of questioning.

Those who cannot afford legal representation will have one appointed for them by the court. If the police officer questioned you without first reading you your Miranda rights or otherwise making you understand them, your lawyer may be able to throw out any statements you made during the interrogation.

In addition, police officers shouldn't pressure a person into confessing. The confession must be made voluntarily. The use of threats and other forms of coercion during questioning is common practice when trying to extract a confession from a suspect. The techniques include the following:

• Threatening the accused person with the death sentence to exert coercion.
• Threatening the offender's loved ones or members of his or her family.
• Promising the suspect leniency in exchange for an admission of guilt.

If your lawyer successfully argues that the confession was false or obtained via coercion, the judge will rule that it cannot be used against you in court.

Unlawful Search and Seizure

Police have the authority to search and seize any evidence-related items. Nonetheless, your 4th Amendment rights must not be infringed upon during the search or seizure. The U.S. Fourth Amendment guarantees citizens protection from unjustified searches and seizures.

If the authorities search your home or possessions without a search warrant, reasonable cause, a sworn affirmation, or a clear say-so, they have violated your 4th Amendment rights.

Criminal defense lawyers file Penal Code 1538.5 petitions to get rid of any evidence discovered during the unlawful searches. The prosecution won't pursue the case if the judge grants the motion, The courts can also decide to dismiss the murder charge.

Insanity Defense

You have the option of using insanity as a defense. The insanity defense is subject to the M'Naghten rule. The focus is on whether or not the defendant had the mental capacity to distinguish between right and wrong at the time of the alleged criminal act. As a result, defendants must demonstrate that they took the victim's life because:

• The offender was unable to distinguish right from wrong.
• The offender did not understand the seriousness of the crime.

Criminal Penalties For Murder Charges

When the jury believes you are guilty, you are going to be sentenced for committing murder. The penalties for each offense vary.

First-Degree Murder Charges

If found guilty of murder, you could spend 25 years to life behind bars. If the murder was committed as a prejudice-motivated crime, you are likely to be given life in prison without any chance of parole.

A hate crime is a criminal act, in this instance, murder, that is driven by prejudice towards the victim's ethnicity, religion, sexual orientation, gender identity, disability, or nationality.

Capital Murder Charges

A capital murder conviction can result in the death penalty or a life sentence without parole. On the 12th of March 2019, Governor Gavin Christopher Newsome issued a temporary ban on executions, citing the possibility of executing innocent people.

Second-Degree Murder Charges

A second-degree murder charge carries a penalty of 15 years to life in prison. Once the prosecution establishes particular aggravating factors, punishments are bound to rise, as explained below.

• If the accused person has already been convicted of murder, they will get a sentence of life without the chance of parole.
• If the victim was a peace officer, 25 years in prison to life.
• If the offender discharged a weapon from an automobile with the intent to cause significant bodily harm, the sentence could be twenty years to a life sentence.

Life in prison without any chance of parole when the person who was killed was a law enforcer, and the accused:

• Intended to murder the law enforcement officer.
• Killed the law enforcement officer with a gun or other lethal weapon.
• Intended to seriously injure the victim physically.

If the prosecution proves certain elements, additional penalties could be imposed when convicted:

• The Three Strikes law.
• If you utilized a gun during the murder, you could face an additional ten, 20, or 25 years in prison to a life sentence. This clause also covers using a gun while perpetrating a felony offense under California's felony murder law.
• A maximum fine of $10,000.
• Restitution to victims.
• Loss of gun rights. Under PC 29800, those charged with a felony are prohibited from acquiring, possessing, or owning firearms.

If the primary offense that led to the victim's death is a sexual offense, the accused must be registered as a sex offender. The sex offenses the accused intended to perpetrate or committed include sodomy, rape, oral copulation with a child, lewd behavior with anyone under 14, and forced penetration using foreign objects.

Additional Types of Homicide

One thing is consistent among all cases of homicide, and that is the death of a victim or a deliberate attempt to take their life. The burden of proof rests with the prosecution. You will only be convicted of these charges after that.

Let's discuss the other types of homicide.

Attempted Murder

A murder attempt is against Penal Code 664/187(a). A person violates this law when they plan to kill someone else and take direct action to kill their victim but are unsuccessful.

The District Attorney must establish the following standards:

• You made a single, unsuccessful attempt to end the life of a human being or a fetus.
• You planned on killing the person.

A direct action goes past mere planning. It's the first step in carrying out a plot to kill someone else. It is simple to deduce that if your actions had been hindered, the killing would have taken place. Some instances of direct acts include the following:

• Paying someone to murder your desired target.
• Putting a knife in someone's chest.
• Aiming a gun at someone else and firing at them.

The "kill zone" concept is equally relevant in attempted murder charges. Intentionally killing someone else while attempting to kill a specific target makes an accused person guilty under Penal Code 664/187(a). The perpetrator need not have had prior knowledge that their victim was situated within the kill zone.

If you commit an intentional, premeditated act, you could be prosecuted for first-degree murder. If this is established, a conviction results in a life sentence, with the chance of parole. When your victim was a law enforcement official, you would be sentenced to a minimum of 15 years in prison before being considered for parole.

Any attempt to take another person's life that doesn't rise to the level of first-degree murder is charged as second-degree murder. If found guilty, you might receive a five-, a seven-, or nine-year prison term. A criminal conviction means losing the right to possess firearms, paying a $10,000 fine, and making reparation payments.

Manslaughter

When opposed to murder, manslaughter is considered a lesser crime. The crime, which is a Penal Code 192 violation, is described as the illegal killing of someone with no malice aforethought. Manslaughter can take two different forms, including:

The term heat of passion killing is also used to describe voluntary manslaughter. It happens when someone kills another individual after being highly provoked.

The difference between first-degree murder and voluntary manslaughter is that the latter lacks malice. The murder is carried out on the spur of the moment.

A conviction might lead to three, six, or eleven years behind bars.

When someone is killed unintentionally because of criminal carelessness or irresponsible behavior, it is called involuntary manslaughter. If you kill someone intentionally or with no malice but with deliberate disdain for the lives of others, you will be charged with involuntary manslaughter.

If found guilty, you could be sentenced to two, three, or four years behind bars.

Vehicular Manslaughter

A person is guilty of vehicular manslaughter if they murder another person while:

• Driving while intoxicated, either while or without committing gross negligence.
• Driving when engaged in a legal activity that results in fatality in an unlawful manner.
• Purposefully causing a crash for monetary benefits.

A person might face either felony or misdemeanor charges for committing vehicular manslaughter. In California, misdemeanor convictions carry jail terms of up to a year, and felony convictions carry prison terms of up to ten years.

Find a Bakersfield Criminal Defense Attorney Near Me

At the California Criminal Lawyer Group, we have an in-depth knowledge of how murder cases are prosecuted under California laws. To defend our Bakersfield clients accused of murder, we rely on our combined years of experience, our experienced legal team, and credible experts. Our firm is dedicated to providing you with the best possible defense against whatever charges you might be facing. Call us today at 661-750-8230 to schedule a consultation.