Under California law, murder charges are either first-degree or second-degree. Murder charges carry the most severe penalties of all, and those convicted of murder may face life in prison and extreme limitations on their futures and freedoms. If law enforcement has arrested you or someone you love and charged them with murder, here’s what you need to know about what to expect in the days, weeks, and months ahead.
The Legal Definition of Murder in California
Penal Code Section 187 defines murder as …”the unlawful killing of a human being (or fetus) with malice aforethought.” First-degree murder adds the additional requirement that the act be premeditated and deliberate. Essentially, when someone commits an act that causes the death of another person, prosecutors may bring murder charges against them. It is unnecessary to prove the defendant intended to kill the victim. Prosecutors are not required to show that the defendant acted intentionally to cause the victim’s death, only that the defendant’s actions had no considerable provocation.
Penalties for Murder
If convicted of second-degree murder, you face a state prison term of 15 years to life imprisonment. First-degree murder carries a punishment of 25 years to life in prison. However, aggravating factors may lead to harsher sentences. For instance, if you used a firearm, or the victim was a peace officer, the prison sentence will increase dramatically. Should prosecutors find that you used an explosive, subjected the victim to torture, or committed a premeditated killing, they may elevate the charges to first-degree murder and pursue even harsher penalties.
Los Angeles County Defense Attorneys Fighting For Your Future
Facing murder charges can be highly stressful and overwhelming. Suddenly, your future becomes uncertain, and you wonder if you’ll spend the rest of your life behind bars. Remember, you do not have to go through this harrowing experience on your own. A skilled Los Angeles County criminal defense lawyer can answer your questions, address your concerns, and help you understand what to expect at every step of the legal process. Your attorney will work closely with you to prepare the strongest possible defense to preserve your freedom and keep your future bright.
If you or someone you love is facing murder charges in Los Angeles County, call Wegman & Levin today at (818) 980-4000 to arrange a free consultation with a skilled and assertive criminal defense attorney.
