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Murder Prosecution – California Penal Code 187

Have you or a loved one been charged with murder in California?

Murder is a felony offense pursuant to California Penal Code Section 187. To prove you are guilty of murder, the prosecution bears a significant evidentiary burden. The murder lawyers at Wallin & Klarich have over 30 years of experienced in defending against this burden. Contact our criminal defense attorneys today if you or a loved one is facing murder charges in Southern California.

The prosecution must prove each of the following three elements beyond a reasonable doubt in order to convict you of murder:

  1. You committed an act that caused the death of another person or fetus;
  2. You had a state of mind that meets the element of malice aforethought; and
  3. You killed without lawful excuse or justification.

To show “malice aforethought,” the prosecution may prove either express malice or implied malice. A demonstration of either form of malice will suffice. If you or a loved one has been accused of murder, please know you are not alone. Speak to one of our attorneys today.

What is Express Malice?

Express malice exists when the defendant acted with the unlawful intent to kill. Essentially, this means that you premeditated the act. Premeditated means rationally considering the timing or method of committing the crime in order to either increase the likelihood of success, or to evade detection or apprehension. A murder lawyer at Wallin & Klarich can provide you and your family with the guidance and support you need during this difficult process. You do not have to go through this alone.

What is Implied Malice?

There are several elements the prosecution needs to prove in order to find you guilty of murder.
Murder crime scene investigation

Implied malice exists if the following four elements are present:

  • You intentionally committed an act;
  • The natural consequences of the act were dangerous to human life;
  • At the time of the act, you knew that the act was dangerous to human life; and
  • You deliberately acted with conscious disregard for human life.

The term “fetus” refers to an unborn human being that has progressed beyond the embryonic stage, namely after major body parts have been outlined. A fetus is generally said to exist after seven or eight weeks of development.

An act is said to “cause” death if the death is a direct, natural and probable consequence of the act and the death would not have occurred without the act.

Why should you hire an experienced murder lawyer at Wallin & Klarich?

The experienced, aggressive and effective team of murder attorneys at Wallin & Klarich can effectively represent you if you or a loved one has been charged with murder in California.  With offices in Orange County, Los Angeles, Torrance, Sherman Oaks, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, Wallin & Klarich has over 30 years of experience developing effective strategies to convince a jury to find our clients not guilty of committing murder. We will help guide you through all of your defense options and help you win your case.

Call us today at (877) 4-NO-JAIL (466-5245) for a free telephone consultation.

We will get though this together.

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