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Murder Charges in California: Legal Definitions and Defense Approaches

By Los Angeles Criminal Defense Attorney on August 29, 2025

In California, a murder charge can carry a sentence of 25 years to life in prison. The legal process is complex, and the stakes are high.

At Werksman Jackson & Quinn LLP, we’ve defended clients in high-profile and high-stakes murder cases. We understand the nuances of homicide charges, the strategies that work in court, and the urgency of building a powerful defense from day one.

Legal Definitions of Murder Under California Law

Under California Penal Code § 187, murder is defined as:

“The unlawful killing of a human being, or a fetus, with malice aforethought.”

This definition sets the stage for multiple types of homicide charges in California. Understanding the legal distinctions is essential when evaluating your defense options.

First-Degree Murder

First-degree murder is the most serious type of murder charge. It involves:

• Premeditation and deliberation (i.e., planning the act ahead of time)
• Killing by certain means (e.g., using a bomb, torture, or lying in wait)
• Felony murder (killing during the commission of a felony such as robbery, rape, or burglary)

Penalties include:

• 25 years to life in prison
• Life without the possibility of parole (LWOP) in some cases
• Death penalty if aggravating factors are present (although California currently has a moratorium on executions)

Second-Degree Murder

Second-degree murder is a lesser charge than first-degree murder. It involves:

• An intentional killing without premeditation
• A killing resulting from reckless disregard for human life (e.g., firing into a crowd)

Penalties include:

• 15 years to life in prison (with enhancements for certain circumstances, such as gang involvement or prior convictions)

Other Homicide Charges

In addition to murder, California law recognizes various forms of criminal homicide, each with unique penalties:

• Voluntary Manslaughter (PC § 192(a)): Killing in the heat of passion or during a sudden quarrel
• Involuntary Manslaughter (PC § 192(b)): Unintentional killing due to reckless conduct or during a non-felony crime
• Vehicular Manslaughter (PC § 192(c)): Death caused by negligent or reckless driving

Each charge requires specific elements of proof, and the line between murder and manslaughter often becomes a key battleground in court.

How Prosecutors Build a Murder Case

In murder cases, prosecutors often rely on the following types of evidence:

• Eyewitness testimony
• Surveillance or forensic evidence
• Digital communications (texts, GPS, phone records)
• Ballistics or DNA evidence
• Statements from the accused or cooperating witnesses

Sentence enhancements are factors that increase the penalties for a crime. In murder cases, this may include:

• Use of a firearm
• Gang affiliation
• Killing a law enforcement officer
• Multiple victims
• Lying in wait or torture

Because of the severity of the charge, prosecutors are under pressure to secure convictions and lengthy sentences. But their case must prove each element beyond a reasonable doubt. This is a standard that aggressive defense attorneys can use to create doubt and challenge assumptions.

Effective Defense Strategies

At Werksman Jackson & Quinn LLP, we build comprehensive, evidence-based criminal defense strategies that start the moment we take a case. Here are some of the most common and effective approaches to defending against homicide charges:

Mistaken Identity

Eyewitness misidentification is a leading cause of wrongful convictions. If your case hinges on visual identification, we scrutinize lighting conditions, photographic lineups, and potential biases to cast doubt on the reliability of that testimony.

Lack of Malice or Intent

Murder charges require the prosecution to prove malice aforethought. This refers to the intention to commit murder, also referred to as premeditation. If the killing was accidental, or if there was no intent to kill, a defense attorney may argue for manslaughter.

Self-Defense or Defense of Others

California law allows the use of deadly force if a person reasonably believes they are in imminent danger of death or great bodily harm.

Insufficient Evidence

Murder charges often rely on circumstantial evidence. We challenge:

• Weak or missing forensic links
• Cellphone data misinterpretation
• Unreliable witness accounts
• Coerced or false confessions

Unlawful Police Conduct

If law enforcement violated your rights through an illegal search, a coerced confession, or failure to advise you of your Miranda rights, we may seek evidence suppression. This can gut the prosecution’s case and force a reduction or dismissal of charges.

Mental State or Diminished Capacity

In some cases, we present psychiatric evidence to show our client lacked the mental state required for murder. California law recognizes diminished actuality as a way to negate specific intent, which may lead to a reduction to manslaughter or sentence mitigation.

Procedural Considerations in Murder Cases

Criminal procedure in murder cases is more stringent than in most criminal cases. Key steps include:

• Arraignment: Where the charges are formally presented
• Preliminary Hearing: Judge determines if there’s enough evidence for trial
• Pretrial Motions: Defense may move to dismiss charges or suppress evidence
• Trial: Prosecutors must prove guilt beyond a reasonable doubt
• Sentencing: If convicted, sentencing is determined by statute and enhancements

Each stage offers strategic opportunities for the defense, whether to negotiate, seek to narrow charges, or expose weaknesses in the state’s case.

Reasons to Choose Werksman Jackson & Quinn LLP

Defending against a murder charge demands courtroom dominance, an unshakeable trial strategy, and the credibility to take on determined prosecutors.

At Werksman Jackson & Quinn LLP, our attorneys include former prosecutors, nationally recognized trial lawyers, and strategic thinkers with a proven record of success in California’s most serious cases.

We’ve defended:

• High-profile public figures
• Clients falsely accused in gang-related homicides
• Defendants facing life without parole
• Clients charged with capital offenses

We work with top forensic experts, investigators, jury consultants, and mitigation specialists to build a multi-layered defense that targets the prosecution’s weaknesses and advances the best possible outcome.

Speak With One of the Top Defense Attorneys in Los Angeles Today

If you or a loved one is facing murder charges in California, do not delay. Time is critical, and the prosecution is already building its case. Werksman Jackson & Quinn LLP is prepared to stand between you and the full power of the state.

Call (213) 688-0460 to schedule a consultation with one of our experienced Los Angeles violent crime defense lawyers. We bring the skills and resources needed to protect your rights and fight for your freedom.