Watson Murder – FAQs

It is possible to reduce a Watson Murder charge to a lesser offense?

Yes. If the prosecution is unable to sufficiently prove that a Watson Murder has occurred, you may either be acquitted or convicted of the less serious offense of vehicular manslaughter while intoxicated under California Penal Code Section 191.5.

How many prior DUI convictions do you need to have in order to be charged with second degree murder?

You only need at least one prior DUI conviction to be charged. The prosecution will try to use that prior conviction to show you knew the dangers of driving under the influence but chose to do so anyway.

What is the difference between second degree murder and first degree murder?

Between the two, second degree murder is the less serious offense. Whereas first degree murder involves a killing that is willful, deliberate, and premeditated, second degree murder involves a killing stemming from a reckless lack of concern for human life.

What if other victims were severely injured in the accident but did not die? Am I subject to more punishment?

Yes. If there are other victims that suffered great bodily injury due to the accident, and the prosecutor can prove you were the cause of the accident, you can be prosecuted for felony driving under the influence as it relates to those victims. You will be subjected to the possibility of additional prison time if you are found guilty of these offenses. The judge will then decide how much additional time you will serve in prison for these convictions in addition to your sentence for 2^nd degree murder under People vs. Watson.

Is having an experienced criminal defense attorney fighting for you important if you are facing a second degree murder charge under People vs. Watson?

Absolutely. The jury is going to have to decide what your state of mind was at the time you were driving. Who your criminal defense attorney is in cases such as this can often make the difference between conviction and acquittal.