Murder Prosecution – California Penal Code Section 187

There are three things that the prosecution must prove to show that a defendant is guilty of murder. We will explain each of those elements below. For more details, you should contact an experienced murder attorney.

The elements of murder

1. The defendant committed an act that caused the death of another person or fetus,
2. When the defendant acted, he/she had a state of mind that is known as malice aforethought,
AND
3. The defendant killed without lawful excuse or justification.

There are two kinds of “malice aforethought,” express malice and implied malice. If the prosecution can prove either one, it will be held that you had the necessary state of mind required for murder.

Expressed Malice

The defendant will be shown to have express malice if they acted with the unlawful intent to kill. Essentially this means that the act was premeditated.

Implied Malice

The defendant will be held to have implied malice if:
1. The defendant intentionally committed an act
2. The natural consequences of the act were dangerous to human life
3. At the time the defendant acted, he/she knew the act was dangerous to human life
AND
4. The defendant deliberately acted with conscious disregard for human life.

Notes:
A fetus is defined as an unborn human being that has progressed beyond the embryonic stage after major body parts have been outlined, which typically occurs at seven to eight weeks in development.
An act causes death provided that the death is the direct, natural, and the probable consequence of the act and the death would not have happened unless the act had been committed.

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.