California Penal Code §187 — Murder
PC §187 defines murder as the unlawful killing of a human being or fetus with malice aforethought. A conviction carries 15 years to life (second degree) or 25 years to life (first degree) in California state prison.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Murder Cases in All LA County Courts
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01 — Quick Facts
PC §187 — Murder at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §187 — Murder |
| Code Type | Penal Code (PC) |
| Classification | Felony |
| Degrees | First Degree / Second Degree / Capital |
| 1st Degree | 25 years to life in state prison |
| 2nd Degree | 15 years to life in state prison |
| Capital Murder | Life without parole or death penalty |
| Strike | Yes — serious and violent felony |
| Probation | Not eligible |
| Expungeable | No |
| Immigration | Aggravated felony — deportable |
| Related Codes | PC §192 (Manslaughter), PC §664 (Attempt) |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §187?
What Is California Penal Code §187?
PC §187 Reads:
"Murder is the unlawful killing of a human being, or a fetus, with malice aforethought."
— California Penal Code §187(a)
California Penal Code §187 defines murder as the unlawful killing of a human being — or a fetus — with malice aforethought. This makes it the most serious homicide offense under California law. Unlike manslaughter (PC §192), which involves killings without malice, murder requires the prosecution to prove that the defendant acted with either express malice (an intent to kill) or implied malice (conscious disregard for human life).
What Is Malice Aforethought?
Malice aforethought is the element that distinguishes murder from all other homicide offenses in California. It does not require hatred, anger, or ill will toward the victim. Under California law, malice exists in two forms:
Express Malice
The defendant intended to kill the victim. There was a deliberate decision — however brief — to end a human life. This is typically established through direct evidence: statements, planning, or the nature of the attack.
Implied Malice
The defendant did not necessarily intend to kill, but deliberately performed an act with conscious disregard for human life — knowing the act was dangerous and that death was a probable result. Watson murder (fatal DUI) is the most common example.
Why This Law Matters
Murder charges under PC §187 carry the most severe penalties in California criminal law — including life imprisonment or death in capital cases. Defendants must take these charges seriously from the moment of arrest. The outcome often depends on whether the prosecution can prove malice aforethought beyond a reasonable doubt, and whether the defense can establish lawful justification or negate the element of malice entirely. At Rubin Law, P.C., our Los Angeles criminal defense attorneys have defended clients facing first-degree murder, second-degree murder, and capital murder charges throughout LA County courts.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §187
To convict a defendant of murder under California Penal Code §187, the prosecution must prove each of the following three elements beyond a reasonable doubt. A failure to prove any single element should result in acquittal or reduction to a lesser charge.
You Caused the Death of Another Person (or Fetus)
The prosecution must show that the defendant's act — or omission — was the actual and proximate cause of the victim's death. Causation is not always straightforward: if the victim died from medical complications after an assault, or if there were multiple contributing causes, defense attorneys can challenge whether the defendant's conduct was truly the proximate cause of death.
You Acted with Malice Aforethought
This is the most contested element in most murder cases. The prosecution must prove either express malice (intent to kill) or implied malice (conscious disregard for human life). Defense strategies frequently focus here — arguing that the killing was accidental, in the heat of passion, or in lawful self-defense, all of which negate malice.
The Killing Was Without Lawful Excuse or Justification
California law recognizes lawful killings — specifically self-defense, defense of others, and execution of lawful duty. If the killing was legally justified, it is not murder under PC §187, regardless of whether malice was present. The prosecution must affirmatively prove the absence of lawful justification.
Jury Instructions
03 — Degrees
PC §187 — Tiers & Degrees
Not all murder charges are equal. California divides PC §187 into three tiers based on circumstances — each carrying different sentences and requiring different prosecution strategies.
First-Degree Murder
First-degree murder is the most serious form of PC §187 murder. It applies to killings that are:
- Willful, deliberate, and premeditated
- Committed by lying in wait or with torture
- Committed using destructive devices, explosives, or poison
- Committed during specific dangerous felonies (the Felony Murder Rule — robbery, burglary, rape, arson, carjacking, kidnapping, mayhem, train wrecking)
First-degree murder also counts as a strike under California's Three Strikes Law (PC §667).
Second-Degree Murder
Second-degree murder is any intentional killing that does not qualify as first-degree. It does not require premeditation but still requires malice aforethought. Common scenarios:
- Firing a gun into a crowd without intending to kill a specific person
- Driving intoxicated with prior DUI convictions and killing someone (Watson Murder)
- Attacking someone recklessly in a way likely to cause death
- Second-degree felony murder (killings during inherently dangerous felonies not listed under first-degree)
Second-degree murder also counts as a strike.
Capital Murder (First-Degree with Special Circumstances)
Capital murder is first-degree murder with "special circumstances" under PC §190.2. Los Angeles County prosecutors pursue capital charges in the most egregious cases. Special circumstances include:
- Killing for financial gain
- Killing multiple victims
- Killing a police officer, firefighter, prosecutor, judge, or elected official
- Killing a witness to prevent testimony
- Gang-related killing or drive-by shooting
- Hate crime killing (based on race, religion, gender, sexual orientation)
- Killing during certain felonies (rape, kidnapping, robbery, burglary, arson)
Note: California currently has a moratorium on executions. Capital convictions result in life without the possibility of parole (LWOP) in practice, though prosecutors may still seek the death penalty.
The Felony Murder Rule
California's felony murder rule holds that if someone dies during the commission of certain dangerous felonies, the person who committed the felony — or anyone who participated — may be charged with murder, even if there was no intent to kill. Senate Bill 1437 (effective 2019) significantly narrowed this rule. Today, you can only be charged with felony murder if:
- You were the actual killer, or
- You acted with intent to kill and aided or abetted the killing, or
- You were a major participant in the underlying felony and acted with reckless indifference to human life, or
- The victim was an on-duty law enforcement officer
If you were convicted under the old felony murder rule, you may be eligible to petition for resentencing under SB 1437.
| Murder (PC §187) | Voluntary Manslaughter (PC §192a) | Involuntary Manslaughter (PC §192b) | |
|---|---|---|---|
| Malice Required | Yes | No | No |
| Intent to Kill | Yes (1st degree) | Yes | No |
| Premeditation | Yes (1st) / No (2nd) | No | No |
| Heat of Passion | No | Yes | No |
| Criminal Negligence | No | No | Yes |
| Sentence | 15–25 yrs to life | 3, 6, or 11 years | 2, 3, or 4 years |
| Strike | Yes | Yes | No |
04 — Penalties
Penalties for PC §187 Murder in California
Murder is the only California crime that can result in a death sentence. The exact penalties depend on the degree of the charge, whether special circumstances apply, and sentencing enhancements.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Second-Degree Murder | PC §187 | 15 years to life | No | Yes |
| First-Degree Murder | PC §187 | 25 years to life | No | Yes |
| Capital Murder | PC §187 / §190.2 | LWOP or Death | No | Yes |
| Attempted Murder (1st) | PC §664/187 | Life with parole possibility | No | Yes |
| Attempted Murder (2nd) | PC §664/187 | 5, 7, or 9 years | No | Yes |
Sentencing Enhancements That Increase PC §187 Penalties
Firearm Use
PC §12022.53
An additional 10, 20, or 25 years to life if a firearm was used, discharged, or caused great bodily injury or death. This is the "10-20-life" enhancement frequently added to murder charges.
Gang Enhancement
PC §186.22
An additional 15 years to life if the murder was committed for the benefit of, at the direction of, or in association with a criminal street gang. Prosecutors abuse this enhancement — we challenge it aggressively.
Great Bodily Injury
PC §12022.7
An additional 3–6 years if the defendant personally inflicted great bodily injury. In murder cases, this enhancement is often charged alongside the underlying offense.
Prior Murder
PC §190.05
If you previously served a prison term for murder, a new second-degree murder conviction carries life without the possibility of parole.
Hate Crime
PC §422.75 / §190.2
If the killing was motivated by bias based on race, religion, gender, disability, sexual orientation, or nationality, the charge can be elevated to capital murder.
Drive-By Shooting
PC §190.2(a)(21)
Drive-by shooting murder is a special circumstance that can elevate first-degree murder to capital murder.
Additional Consequences Beyond Prison
- Lifetime loss of firearm rights (PC §29800)
- Sex offender registration if murder committed during certain sex crimes (PC §290)
- Victim restitution (mandatory, no limit)
- Maximum $10,000 fine
- Strike designation — affects all future felony sentencing
- Immigration consequences — aggravated felony, mandatory deportation for non-citizens
- Loss of voting rights while incarcerated
- Loss of professional licenses (medical, legal, teaching, contracting)
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §187 Murder Charges
Being charged with murder does not mean you will be convicted. Murder cases are won and lost on the specific facts, the quality of the investigation, and the strength of the defense. The following are the primary defense strategies deployed in Los Angeles murder cases.
Self-Defense or Defense of Others
California justifies a killing when you reasonably believed you or another person faced imminent danger of being killed, suffering great bodily injury, or being victimized by a forcible and atrocious crime — and that deadly force was necessary to prevent it. Imperfect self-defense (an honest but unreasonable belief in the need for force) does not fully justify the killing but reduces murder to voluntary manslaughter under PC §192(a), dramatically reducing the sentence.
PC §198.5 / CALCRIM 505
Lack of Malice Aforethought
If the prosecution cannot prove malice, the charge cannot be murder. We challenge malice by showing the killing was accidental, impulsive (heat of passion), or done in an honest belief in self-defense. Each of these negates malice and reduces the charge — either to voluntary manslaughter (heat of passion) or involuntary manslaughter (criminal negligence). In some cases, the charge can be dismissed entirely if no malice can be established.
CALCRIM 520
Heat of Passion (Voluntary Manslaughter Reduction)
If the killing occurred in the heat of passion following sufficient provocation — and before the defendant had time to cool off — the charge may be reduced from murder to voluntary manslaughter under PC §192(a). The provocation must be the kind that would cause an ordinary person to act rashly and without deliberation. This is not a full defense but a significant reduction: from 15–25 years to life down to 3, 6, or 11 years.
Accident / No Criminal Intent
A killing is excusable if it was a true accident — the defendant had no criminal intent, was not acting negligently, and was engaged in a lawful activity at the time of death. This defense fully negates the murder charge. If successful, the defendant is acquitted of all homicide charges. It requires evidence that the death was genuinely unforeseeable and that the defendant's conduct was lawful.
CALCRIM 510
Insanity or Mental Health Defense
California allows a not guilty by reason of insanity (NGI) plea under the M'Naghten standard: the defendant must prove they did not understand the nature of their act, or could not distinguish right from wrong. A successful NGI plea results in commitment to a state mental health facility rather than prison. Mental health evidence can also be used to negate specific intent — particularly relevant in first-degree premeditated murder cases.
PC §1026 / M'Naghten
Coerced or False Confession
Police must follow Miranda and constitutional protections. Confessions obtained through threats, promises of leniency, failure to administer Miranda warnings, or extended interrogation without counsel can be suppressed under PC §1538.5 and the Fifth Amendment. False confessions occur more frequently than most people realize — particularly in high-pressure interrogations of suspects who are tired, frightened, or have cognitive vulnerabilities.
PC §1538.5 / Miranda
Illegal Search and Seizure
The Fourth Amendment prohibits unreasonable searches and seizures. Physical evidence — weapons, forensic samples, photographs, digital data — obtained through unlawful searches, invalid warrants, or searches that exceeded the scope of a valid warrant can be suppressed under PC §1538.5. In murder cases, key physical evidence is often the backbone of the prosecution's case. When that evidence is suppressed, the case frequently collapses.
PC §1538.5 / Fourth Amendment
Mistaken Identification
Eyewitness misidentification is the leading cause of wrongful murder convictions in the United States. Stressful conditions, weapon focus, cross-racial identification, poor lighting, brief exposure, and suggestive police procedures all contribute to unreliable identifications. We challenge eyewitness evidence through expert testimony on memory and perception, cross-examination of identification procedures, and where possible, alibi evidence.
CALCRIM 315
Constitutional Sources
07 — Court Process
How PC §187 Murder Cases Move Through Los Angeles Courts
Murder cases in Los Angeles County follow a specific legal process — and each stage offers critical opportunities for defense intervention. Understanding the timeline lets you make informed decisions at every step.
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Step 1 — Arrest & Booking
Following a murder arrest, you are taken to the nearest police station for booking — fingerprints, photographs, and initial processing. You have the absolute right to remain silent and the right to an attorney. Invoke both immediately. Do not answer questions without counsel present. The statements you make in the first hours after arrest are among the most damaging evidence used at trial.
- 2
Step 2 — Arraignment (PC §825 — Within 48 Hours)
You must be arraigned within 48 hours of arrest (excluding weekends and holidays). The judge reads the charges, enters your plea, and addresses bail. Murder cases typically result in bail being set between $1,000,000 and $2,000,000 — or denied entirely for capital charges. Having an attorney at arraignment allows us to challenge bail, enter a strategic not guilty plea, and begin the discovery process immediately.
- 3
Step 3 — Preliminary Hearing
For felony murder charges, a preliminary hearing is held within 10 court days (if in custody) or 60 days (if out). The prosecution must present sufficient evidence to establish probable cause that you committed the crime. This is one of the most strategically important stages — we cross-examine prosecution witnesses, identify weaknesses in their evidence, and force the prosecution to show their hand before trial.
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Step 4 — Grand Jury (Federal Cases / Special Circumstances)
In some murder cases — particularly federal murder charges or capital cases with special circumstances — the prosecution may use a grand jury instead of a preliminary hearing. Grand jury proceedings are secret, and the defense has no right to appear. This makes early defense intervention (before indictment) especially critical.
- 5
Step 5 — Pre-Trial Motions
This is where experienced defense attorneys can change the outcome of a case before trial begins. Key motions in murder cases include: PC §1538.5 (suppress illegally obtained evidence), Pitchess motions (access officer misconduct records), motions to strike prior strikes, motions to dismiss for insufficient evidence, and motions to change venue in high-profile cases. A successful suppression motion can eliminate key physical or testimonial evidence — sometimes causing the prosecution to reduce or dismiss charges.
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Step 6 — Plea Negotiations
The majority of murder cases in Los Angeles County are resolved through negotiated pleas rather than trial. Having completed a thorough investigation, challenged the evidence, and filed targeted motions, we negotiate from a position of strength. Possible outcomes include reduction from first to second degree, reduction to voluntary manslaughter, or dismissal of special circumstances. We never recommend accepting a plea that is not in your best interest.
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Step 7 — Trial
Murder trials in Los Angeles County are complex, lengthy proceedings. They involve jury selection (voir dire), opening statements, prosecution's case-in-chief, cross-examination, defense case, rebuttal, closing arguments, and jury deliberations. Rubin Law, P.C. prepares every murder case as if it will go to trial — hiring expert witnesses, preparing demonstrative evidence, and developing the strongest possible theory of defense.
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Step 8 — Sentencing & Post-Conviction
If convicted, sentencing follows within a few weeks. We present mitigating evidence and argue for the most favorable sentence within the applicable range. Post-conviction options include: direct appeal, habeas corpus petition, motion for new trial (PC §1181), SB 1437 petition (felony murder resentencing), and Proposition 57 parole consideration. A conviction is not necessarily the end.
Los Angeles Courts That Handle PC §187 Murder Cases
Murder cases in Los Angeles County are typically heard at the felony-level superior courts. Which courthouse handles your case depends on where the alleged offense occurred.
Clara Shortridge Foltz Criminal Justice Center
The primary felony criminal courthouse in downtown LA. Handles most high-profile and complex murder cases in Los Angeles.
Van Nuys Courthouse
Handles felony murder cases from the San Fernando Valley — Van Nuys, Sherman Oaks, North Hollywood, Burbank, Encino.
Compton Courthouse
Handles serious felonies including murder cases from Compton, South LA, and surrounding communities.
Pomona Courthouse
Serves the eastern San Gabriel Valley including Pomona, Ontario, and surrounding areas.
Long Beach Courthouse
Handles murder cases from Long Beach, Signal Hill, Lakewood, and surrounding South Bay cities.
Pasadena Courthouse
Covers murder cases from Pasadena, Arcadia, Monrovia, and the 210 freeway corridor.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Murder Defense Attorney
Daniel S. Rubin has defended clients charged with murder and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §187 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Murder Cases Throughout LA County
09 — FAQs
PC §187 Murder Questions — Los Angeles
What is the difference between first-degree and second-degree murder in California?
The primary difference is premeditation. First-degree murder requires that the killing was willful, deliberate, and premeditated — meaning the defendant planned the killing in advance, even if only for a brief moment. It also includes killings committed by lying in wait, using explosive or destructive devices, or during the commission of certain dangerous felonies (the felony murder rule). Second-degree murder is any intentional killing with malice aforethought that does not meet the criteria for first-degree. It typically involves reckless conduct or impulsive actions — firing a gun into a crowd, Watson murder (DUI resulting in death with a prior DUI conviction), or an attack likely to cause death without specific premeditation. First-degree murder carries 25 years to life; second-degree carries 15 years to life.
Can I get bail if I am charged with murder in California?
Bail for murder charges in California is extremely difficult to obtain. The standard bail schedule for murder in Los Angeles County ranges from $1,000,000 to $2,000,000, and judges often deny bail entirely for capital murder or special circumstances cases under PC §1270.5. However, your defense attorney can file a bail reduction motion under PC §1275, arguing that you are not a flight risk, not a danger to the public, and presenting evidence of community ties, employment, and family circumstances. In some cases — particularly for lesser degrees of homicide or where the evidence is weak — bail can be argued successfully.
What is the Watson Murder doctrine?
Watson murder is a form of second-degree murder that applies when a driver with a prior DUI conviction kills someone while driving under the influence. The name comes from People v. Watson (1981). When you are convicted of a first DUI in California, the court reads you a "Watson admonishment" — a warning that you have been informed that driving under the influence is dangerous to human life and that if you do so again and kill someone, you may be charged with murder. That prior admonishment establishes the implied malice required for second-degree murder. Watson murder carries 15 years to life in state prison — dramatically more than vehicular manslaughter.
What is the felony murder rule in California, and how has it changed?
California's felony murder rule historically allowed any participant in a dangerous felony to be charged with murder if someone died during its commission — even if the participant had no intent to kill and did not personally cause the death. Senate Bill 1437 (effective January 1, 2019) significantly narrowed this rule. Today, you can only be charged with felony murder if you were the actual killer, you aided the actual killer with intent to kill, you were a major participant who acted with reckless indifference to human life, or the victim was an on-duty law enforcement officer. If you were convicted under the old felony murder rule, you may be eligible to petition for resentencing under SB 1437.
How does self-defense work in a California murder case?
California law fully justifies a killing when you reasonably believed you or another person faced imminent danger of being killed, suffering great bodily injury, or being victimized by a forcible and atrocious crime — and that deadly force was necessary to prevent it. If self-defense is established, you are acquitted of all charges. Imperfect self-defense applies when you honestly (but unreasonably) believed deadly force was necessary — this reduces murder to voluntary manslaughter under PC §192(a), carrying 3, 6, or 11 years instead of 15–25 years to life.
What is capital murder and when does it apply?
Capital murder is first-degree murder with "special circumstances" under PC §190.2 — circumstances that the legislature has determined make the crime especially heinous. There are more than 20 special circumstances, including killing for financial gain, killing multiple victims, killing a law enforcement officer, gang-related killing, hate crime killing, and killing during certain felonies. Capital murder is punishable by life without the possibility of parole (LWOP) or the death penalty. California currently has a moratorium on executions, so capital convictions result in LWOP in practice — though prosecutors in Los Angeles County continue to pursue death penalty charges in the most serious cases.
Can a murder charge be reduced to manslaughter in California?
Yes — and this is one of the most common outcomes in Los Angeles murder cases where the evidence of malice is contested. Murder can be reduced to voluntary manslaughter (PC §192a) if the killing occurred in the heat of passion with sufficient provocation, or in imperfect self-defense. It can be reduced to involuntary manslaughter (PC §192b) if the killing involved criminal negligence but no intent to kill and no malice. These reductions are negotiated through plea agreements or argued to the jury as alternative verdicts. The difference in sentencing is significant: from 15–25 years to life down to 2–11 years in state prison.
What happens if I was convicted of murder under the old felony murder rule?
Senate Bill 1437 (2019) and Senate Bill 775 (2022) created a path for people convicted under the old, broader felony murder rule to petition for resentencing under PC §1172.6. If you were convicted before 2019 as a non-killer who did not act with intent to kill or reckless indifference to human life, you may be eligible to have your murder conviction reduced or dismissed. The petition is filed in the original trial court. Rubin Law, P.C. has handled SB 1437 resentencing petitions and can evaluate your eligibility during a free consultation.
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Charged With Murder in Los Angeles?
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