Murder Defense Overview – California Penal Code Section 187

Murder in California is defined as causing the death of another person, or fetus, with “malice aforethought”. Essentially, malice aforethought refers to an intent that was formed prior to the act. If the prosecution can’t prove intent, it will be easier for your murder defense attorney to defend you in court. However, the term does not necessarily mean that the accused planned or premeditated the killing, or harbored any animosity towards the victim.

The Elements of Murder

In order for you to be convicted of murder, the prosecution must prove three things. First they must show that your actions caused the death of another person or fetus. Second, they must prove that your mental state at the time constitutes malice aforethought. Lastly, they must show that you had no valid excuse or justification for your actions.

A murder charge is extremely serious and there are severe punishments for murder. In the state of California, murder can result in a life sentence in state prison or even the death penalty. The circumstances of your case will determine if there is a chance for parole and is something that you would need to discuss with your murder defense lawyer.

If you are accused of murder, there are several murder defenses that your murder attorney can raise. Some of the available defenses include asserting mistaken identity, accident, self-defense, or other justifiable homicide defenses.

The law firm of Wallin and Klarich has been handling murder cases in Orange County, Los Angeles, Riverside, Ventura, San Diego and San Bernardino for over 30 years, and has the experience and knowhow to raise the best possible defense should you ever be charged with murder. Call 888-749-0034 to get a free consultation today.