A murder charge under PC § 187 is the most serious accusation in the California criminal justice system. The LAPD Homicide Division and LASD Homicide Bureau bring extraordinary investigative resources to every homicide case.
Prosecutors at the Los Angeles County District Attorney's office pursue PC § 187 charges with full institutional power. The consequences life in prison or the death penalty for special circumstances murder are absolute. Before anything else,visit our Los Angles office for free consultation.
The Bulldog Law stands between our clients and California's most severe punishments. When everything is on the line, we bring everything we have.
Understanding PC § 187 Murder in California
PC § 187 defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Malice can be express (intentional) or implied (conscious disregard for human life).
First degree murder requires premeditation and deliberation, or killing by specific enumerated methods (poison, lying in wait, torture, explosive device, etc.). It carries 25 years to life in state prison. Special circumstances murder including multiple victims, murder for financial gain, murder of a police officer, and others under PC § 190.2 carries life without the possibility of parole (LWOP) or death.
Second degree murder is all other murder intentional but without premeditation, or involving implied malice. It carries 15 years to life.
Felony murder under PC § 189 holds all participants in certain dangerous felonies responsible for deaths occurring during those crimes, regardless of intent.
How The Bulldog Challenges LAPD and LASD Evidence
Murder investigations by LAPD Homicide and LASD Homicide Bureau are the most thorough in Los Angeles law enforcement. DNA, forensic pathology, ballistics, cell site analysis, and surveillance evidence all come into play. We challenge every piece.
Forensic pathology is contested in cases where cause or manner of death is disputed. We retain independent forensic pathologists to challenge the prosecution's medical evidence, particularly in cases involving ambiguous injury patterns, drug related deaths, or contested strangulation versus natural death scenarios.
DNA evidence, while powerful, is not infallible. Contamination, mixed profiles, and interpretive uncertainty are all grounds for challenge. We engage DNA experts who can cross examine government analysts and present alternative interpretations.
Cell site location information (CSLI) requires a warrant under Carpenter v. United States (2018). We challenge the validity of CSLI warrants and the government's methodology in placing our client at the scene.
Eyewitness identification in murder cases is challenged with the same rigor we apply in robbery cases expert testimony, cross examination of procedure, and documentation of suggestive lineup practices.
We investigate all self defense, heat of passion, and imperfect self defense (voluntary manslaughter) arguments that can reduce murder to a lesser charge.
What to Do in the First 24 Hours After a Murder Arrest in Los Angeles
Murder arrests in Los Angeles result in booking at an LAPD or LASD facility and transfer to Twin Towers Correctional Facility or Men's Central Jail. Bail is denied in virtually all first degree murder cases PC § 1270.5 prohibits bail for most capital offenses.
Invoke your right to remain silent immediately and do not waive it. LAPD Homicide detectives are highly trained interrogators. The most common mistake murder defendants make is talking believing they can explain their way out. You cannot. The Bulldog Law speaks for you from the moment of arrest.
Arraignment at the Los Angeles County Superior Court occurs within 48 to 72 hours. Given that bail will likely be denied, the focus shifts immediately to the preliminary hearing and suppression motions. The Bulldog Law begins building the defense from day one.
Special Circumstances, LWOP, and the Death Penalty in California
California still has the death penalty on the books, though executions have been halted under Governor Newsom's moratorium. Special circumstances murder under PC § 190.2 requires the jury to find a listed special circumstance true beyond a reasonable doubt before LWOP or death can be imposed.
We challenge special circumstance allegations at every stage from the preliminary hearing through the penalty phase. Our goal is always to fight for acquittal first, reduced charges second, and the minimum possible sentence if conviction becomes unavoidable.
Frequently Asked Questions
What is the penalty for first degree murder in California?
First degree murder under PC § 187 carries 25 years to life in state prison. Special circumstances murder carries life without the possibility of parole (LWOP) or death.
What is the difference between first and second degree murder in California?
First degree murder requires premeditation and deliberation. Second degree murder is intentional but not premeditated, or involves implied malice a conscious disregard for human life.
What is felony murder in California?
Felony murder under PC § 189 holds participants in certain inherently dangerous felonies responsible for deaths occurring during those crimes, regardless of personal intent to kill.
Can a murder charge be reduced to manslaughter in California?
Yes. Voluntary manslaughter (PC § 192(a)) applies where the killing occurred in the heat of passion or imperfect self defense. It carries 3, 6, or 11 years dramatically less than murder.
Is California's death penalty currently enforced?
California has an executive moratorium on executions under Governor Newsom. However, death penalty charges are still prosecuted, and LWOP remains a real consequence for special circumstances murder.
Facing charges in Los Angeles? The Bulldog Law fights for you relentlessly, in state and federal court. visit our Los Angles office for free consultation