In California, One Punch Can Result in a Second Degree Murder Conviction

Did you ever imagine that you could be prosecuted for second degree murder in California and face a 15 years to life sentence in prison for punching someone?

You are in an argument with a guy over who is the best Olympic swimmer of all time. You both have been drinking. You guys push each other. Then, you punch him one time, and he falls down and hits his head. He is rushed to the emergency room and dies. The DA prosecutes you for murder California Penal Code Section 187!!!! You cant believe it and your bail is 1 million dollars…for one punch!? Is that legal?

Unfortunately, the answer to the question is yes. A recent decision by the Court of Appeals in California upheld a conviction for second degree murder under similar facts. The defendant was sentenced to 15 years to life. The average time someone does in prison after such a sentence is about 22 years….
FOR ONE PUNCH!!!

Keep this in mind the next time you have a few drinks and are thinking about getting into a fight with someone. People are held accountable for their actions. The accused in this case definitely did not intend for his one punch to result in the death of the victim. However, the victim died, and the victim’s family will often want “revenge.” Further, the DA will likely file murder charges when this happens.

The criminal defense law firm of Wallin & Klarich has been helping people for over thirty years who find themselves accused of murder and other violent crimes. Many of these people have no prior criminal record and cannot believe that one act of poor judgment has led to a possible lengthy jail sentence and criminal record. Feel free to call us 24/7 at 888-749-0034. We will be there when you call