California Penal Code Section 187
by
Randy Collins on Feb. 10, 2012
Summary: Murder is defined as illegally killing someone, or an unborn infant, with the clause of “malice aforethought” included.
What is murder? Under California Penal Code Section 187, murder is defined as illegally killing someone, or an unborn infant, with the clause of “malice aforethought” included.
Generally speaking, a murderer may have no regard for the lives of humans, or they simply wanted to kill out of spite. This is mostly related to first degree murder charges, as 2nd degree murder lacks intent. We will explore the different types of murders and their individual penalties in this article.
To be put on trial for homicide or murder under California Penal Code 187, the state has to show that for:
Murder in the First Degree – A killing took place and there was intent. This takes place when anyone deliberately, knowingly or calculatedly takes someone else’s life. The penalty for first degree murder is 25 years to life. An illustration of 1st degree murder is where someone visits a person’s home and shoots them, where the ultimate motive was to terminate the person. First degree murders are always premeditated.
Murder in the Second Degree – A killing took place with no clear intent. This takes place when anyone take somebody’s life due to unlawful behaviors, and the killing was not intentional. The penalty for this type of murder is 15 years to life. These murders are usually not thought-out. Examples of second degree murder are behaving in a reckless manner that would result in death, like driving drunk or shooting a gun and accidentally killing someone.
Capital Murder – A killing took place with special conditions. Capital Murder can occur under many special circumstances, like killing someone for monetary purposes, killing an officer, or killing someone because of prejudice or discrimination. Capital Murder can be examined under California Penal Code 190. The penalties for Capital murder include a life sentence in prison without parole, or the death penalty.
You will find that additional fees and penalties may be ordered based on certain factors, and the penalties listed above are only minimal sentences. Depending on numerous elements, like the murder weapon used, or whether the murderer has committed previous murders or was convicted of other felonies, fines and prison time may be increased.
Working with a lawyer will ensure that all elements of the crime are considered to prove your innocence. A law firm like MacGregor and Collins can help you, by using DNA and forensic testing to prove your innocence. If you’ve been placed on trial for murder charges under CPC 187, call MacGregor and Collins at 949-250-6097.