Can You Be Convicted of Murder if You Didn’t Actually Kill Someone?
When you think of murder, you probably think of a physical act that intentionally kills someone. That is often how murder is portrayed in television and movies. But what happens if you killed someone on accident? What if you never actually touched the victim? Could you be charged with murder?
Man Accused of Murder after Another Man Shoots Victim
In a recent case that made news headlines, a man was charged with the murder of his 12-year-old daughter, who he never attempted to kill. Law enforcement officers arrived at the man’s house to serve him an eviction notice. The man answered the door with a gun in hand. After a confrontation, the officer fired his gun at the man. The bullet pierced through the man and hit and killed his daughter, who was standing behind him. Now, the father, who never fired his rifle, is being charged with murder.
So how could this incident lead to murder charges against the man who never fired his weapon? Under California Penal Code Section 187, “murder” is defined as causing the death of another human being with malice. In order to be convicted of murder, the prosecution must prove:
▪ You committed a purposeful violent or reckless act;
▪ You did so with malicious state of mind; and
▪ Your actions caused the death of another human being.
Causing the Death of Another (PC 187)
In the eyes of the law and under California’s murder laws, it is possible to have multiple causes responsible for another person’s death as long as that person’s actions amount to a “substantial factor.”
In this case, the prosecution could argue that the father is at least in part responsible for causing his daughter’s death because he threatened a police officer with a gun. The father’s actions allegedly set off a chain of events that ultimately was a “substantial factor” in causing his daughter’s death. It does not matter that the father didn’t pull the trigger himself.
Malice in a Murder Case
In order to convict you of murder, the prosecution must prove that you acted with “malice.” To prove this, prosecutors must show that you expressly intended to kill someone. This is easy to prove when somebody deliberately shoots, stabs or uses a deadly weapon to kill someone. However, it is more difficult to prove implied malice. In this case, the prosecution must prove that:
▪ You intentionally committed any act;
▪ The natural and probable consequences of your actions were dangerous to human life;
▪ At the time you acted, you knew your actions were dangerous to human life; AND
▪ You deliberately acted with a conscious disregard for the value of human life.
It is not required that you showed ill will or hatred towards someone to convict you of murder. When a jury is deciding whether malicious intent exists, it comes down to how reckless your actions were.
In the case mentioned above, the criminal allegation is that the father’s action of pulling a gun on the officer naturally caused that officer to react in such a way to defend himself and to use lethal force when he reasonably felt his life was in danger.
You could also be charged with murder if:
● Your failure to act causes the death of another person where there is a legal duty to act;
● Someone is killed during the commission of a dangerous felony;
● You were a co-conspirator or an accomplice to a crime, so long as it was reasonably foreseeable that your co-conspirator or criminal associate would commit murder in order to succeed in your original criminal plan.
Call Our Skilled Murder Attorneys at Wallin & Klarich
If you or a loved one has been accused of murder, you need to contact an experienced criminal defense attorney immediately. At Wallin & Klarich, our skilled attorneys have been successfully defending clients facing murder charges for over 40 years. We will meet with you immediately to review the facts of your case, and plan a defense strategy that will help you get the best outcome possible.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.