Murder Sentencing & Punishment – California Penal Code Section 187

There are two types of murder in California: murder in the first degree and murder in the second degree. Below is a brief overview of the differences between the two classifications. For more information, you should consult with an experienced murder defense attorney.

First Degree Murder
First degree murder is the more serious charge that involves a killing of a human being that is:
1. Willful, deliberate, and premeditated OR
2. That the death of another occurred during the commission or attempted perpetration of certain felonies including arson, rape, carjacking, robbery, etc. For a complete list of crimes see California Penal Code Section 189.

For a murder to be considered “willful, deliberate, and premeditated” the prosecution must show that it was planned and committed by means of a harmful device or explosive, a weapon of mass destruction, a knowing use of armor-piercing bullets, poison, lying in wait, or torture.

If convicted of first degree murder, your punishment could be the death penalty, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life.

The penalties are increased to death or life in prison without parole if the murder was intentional for financial gain, if the defendant had previously been convicted of murder, if the killing was carried out with an explosive device, if the victim was a police officer, and a number of other conditions. For the full list of conditions, see California Penal Code Section 190.2.

Second Degree Murder
Second degree murder is the lesser charge that involves an intentional killing. In these instances, the killing is not premeditated or committed in the “heat of passion,” but involves dangerous conduct perpetrated with a reckless disregard for the safety of others.

A conviction for second degree murder is normally punishable by imprisonment in state prison for a term of 15 years to life. There are certain exceptions however:

Your prison term can be increased to 25 years to life if the victim was a police officer engaged in their official duties. In addition, if the defendant specifically intended to kill or inflict great bodily injury on the officer, or personally used a deadly weapon in committing the offense, the punishment is imprisonment in the state prison for life without the possibility of parole.

The jail sentence can also be increased to 20 years to life if the second degree murder was perpetrated by means of intentionally shooting a gun at another person from a motor vehicle.