Murder is always a  felony under California Penal Code 187. However, there are at least two types of murders, which are:

·         First Degree Murder

·         Second Degree Murder

This article will focus on First Degree Murder under California Penal Code 187 a. Second degree murder is when someone was killed, but the murder was committed unintentionally. The premeditation of the crime is what separates first degree murder from second degree murder.

A murder is the illegal killing of someone else (including fetuses) with the intention to do so. First degree murderers would have deliberately set out to make a kill, by planning, scheming and willingly using resources to carry out the intent.

An example of this would be James lurking behind the home of Steve, in hopes to catch him unarmed in order to shoot Steve easily. This is premeditated and is therefore classified as first-degree murder. It could also mean less visible attempts such as poisoning someone else. Whichever the means of murder, the court usually considers aggravating factors that go along with the crime of first degree murder during sentencing.

This crime is also considered to be a violent felony, and the fines for 1st degree murder in the State of California is a minimum of 25 years to life in prison. A judge will consider the weapon used to commit the murder, the criminal history of the murderer, and more determining sentencing factors.

It should be noted that murder charges in terms of killing a fetus are specifically highlighted in the code, to grant exceptions in cases of abortions where consent is given by a mother and a certified physician that is licensed to perform this surgery.

If you are facing murder charges for California Penal Code Section 187 and were falsely accused, the OC criminal defense attorneys at MacGregor & Collins can help you. We will bring superior legal experience to aid you in this challenging time. We will partner with the best private detectives, forensic specialists and DNA experts to help prove your innocence. Call us today at (949) 250-6097.