Can I be charged with murder when the murder was the result of an unintended consequence? Penal Code section 187
It was recently reported in CNN that an eighty three year old Northern California woman has died after being struck by a skateboarder moving at fifteen to twenty miles an hour. The victim, Maryann Slettehaugh, was crossing a street when she was struck by a seventeen year old boy skateboarder. Apparently, the skateboarder was coming down fast on a steep hill and the boy attempted to jump off his board to avoid colliding with Slettehaugh, but was unable to. Furthermore, it was a violation of municipal for the boy to be riding his skateboard in the vicinity of where the accident occurred
Murder
In California, murder is defined as the killing of a person with malice aforethought. First degree murder is defined as any murder perpetrated by willful or deliberation or means of a destructive device or by premeditation. Second degree murder is all other murder. As you can see, murder requires an intentional act. In this case, it is very unlikely, that the young boy will be charged with murder.
Punishment
Punishment for first degree murder is a felony punishable by death, 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. Second degree murder is a lighter, yet still severe punishment, which is imprisonment in state person for 15 years to life.
in order to be convicted of murder
Involuntary Manslaughter
Involuntary manslaughter is defined as an unlawful killing that takes place during the commission of an unlawful act or during the commission of a lawful act which involved a high risk of death or great bodily harm. In this case, the young boy was in violation of a local municipal code while riding the skateboard, which can be an unlawful act. It will be up to the local prosecutor on how to file the case.
Punishment
Punishment for involuntary manslaughter carries with it one year of county jail or state imprisonment for two, three, or four years.
If you or a loved one is facing charges for murder or any other serious homicide crime, contact our Southern California attorneys at Wallin and Klarich. At Wallin &Klarich, our attorneys have over 40 years of experience in handling murder cases. Our attorneys will defend your rights and fight to get you the best possible result in your case. Call us today at (888) 280-6839. We will be there when you call.
