March 5, 2013 By Paul Wallin

Under Penal Code section 187, murder is the unlawful killing of another with malice aforethought. Murder is divided into two degrees, first and second.

Under Penal Code section 189, first-degree murder is normally required to include deliberation and premeditation, but it can also be a killing accomplished through a list of methods: including lying in wait, torture, poison, or if a person dies during the commission of a serious felony. Second-degree murder is all other types of murders.

To convict you of murder in the first or second degree, the prosecution will have to prove:

• You killed someone;
• You committed the act with malice aforethought; and
• You had no excuse or justification

If the prosecutor is trying to prove first-degree murder, he will also have to prove either that you:

• Premeditatedly and deliberately killed someone; or

• That you engaged in one of the listed methods in Penal Code 189
o use of ammunition designed primarily to penetrate metal or armor
o poison
o lying in wait
o torture
o weapon of mass destruction

The punishment for murder is severe. Under Penal Code sections 190.1 through 190.5, a first-degree murder conviction must be punished by a death sentence, life imprisonment without the possibility of parole, or a prison term of 25 years-to-life. Under section 190(a), second-degree murder carries a state prison term of 15 years to life.

If you or someone you love is facing a murder charge, you need an experienced murder defense attorney to fight for you. With over 40 years of experience, the Murder Defense Attorneys at Wallin & Klarich can help you. Call 877-4-NO-JAIL or 877-466-5215 or fill out our online consultation form to get in contact with a legal professional today. We will get through this together.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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