To convict you of murder, the prosecution must be able to prove the following elements:
If the defendant in a second-degree murder case has previously served time in prison for murder, the possible sentence for a subsequent conviction may range from 15 years to life in state prison to life in prison without the possibility of parole.īuilding a Defense Against Second-Degree Murder Chargesįacing murder charges in California can be terrifying, but it is important to remember that the prosecution can only get a guilty verdict in a criminal case if they can prove each element of the crime beyond a reasonable doubt. When it comes to handing down a punishment for second-degree murder in California, the court may also consider whether the defendant has a prior criminal record. If the defendant specifically intended to kill the peace officer, or if the defendant used a firearm or a dangerous or deadly weapon in committing the alleged crime, he or she may face a sentence of life in prison without the possibility of parole. If the victim was a peace officer and he or she was killed “while engaged in the performance of his or her duties,” and the defendant knew or should have known that the victim was a peace officer engaged in the performance of his or her duties, the prison term for second-degree murder may increase to 25 years to life.
For instance, if the murder was carried out by means of shooting a firearm from a vehicle at a person outside of the vehicle with the intention of causing bodily injury or death, the prison term may increase to 20 years to life. There are certain aggravating factors that can increase the punishment for a second-degree murder conviction in San Diego.
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Penalties for a Second-Degree Murder ConvictionĪccording to PC § 190, any person found guilty of murder in the second degree faces a potential penalty of imprisonment in California state prison for a term of 15 years to life. If you have a prior DUI conviction, the prosecution can use this as evidence to show that you knew the act of driving under the influence was dangerous and deliberately acted with conscious disregard for human life. Watson murders are almost always based on a second-degree, implied malice theory, in which case the prosecution will try to prove that you intentionally committed a dangerous act that resulted in the death of another person. In certain cases, if you operate a motor vehicle while under the influence of drugs or alcohol and another person is killed as a result of your conduct, you can be charged with second-degree murder under PC § 187. There is a special murder rule in California called the “Watson” murder rule, also known as DUI murder. First-degree murder also includes any homicide “perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict death.” All other kinds of murder that do not constitute first-degree murder fall under second-degree murder laws in California.
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According to California Penal Code § 189(a) PC, first-degree murder charges may arise when the homicide is “perpetrated by means of a destructive device or explosive, a weapon of mass destruction, knowing use of ammunition designed primarily to penetrate metal or armor, poison, lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or that is committed in the perpetration of, or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking,” or any other dangerous felony. Under California law, murder can be charged as first degree murder or second degree, depending on the circumstances of the killing, and in order to understand second-degree murder charges, you must first understand first-degree murder charges. Our criminal defense attorneys at Sevens Legal, APC have dedicated their careers to protecting the rights of those accused of the most severe criminal offenses and we can help you build a strong defense in your murder case. If you or someone you love is facing second-degree murder charges in San Diego, do not hesitate to seek qualified legal representation. Murder is one of the most serious criminal offenses you can be charged with, and even a second-degree murder conviction carries a minimum sentence of 15 years in state prison up to potential life imprisonment. A person accused of unlawfully killing another person with malice aforethought (a specific state of mind, either express or implied) can be charged with murder under California law, and the state of California recognizes two specific categories of murder: murder in the second degree, and the more serious crime of murder in the first degree.
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