If you or someone you care about is facing a murder charge in California, the consequences are often life-changing. A conviction could lead to decades behind bars or worse. Navigating the justice system alone can feel overwhelming. At Esfandi Law Group, we understand the pressure and uncertainty you are experiencing. Our team is here to help you take control of your future with confident, experienced legal guidance.
Led by Seppi Esfandi, a UCLA Law graduate with over 23 years of criminal defense experience, we represent individuals accused of the most serious crimes, including those charged under California Penal Code § 187. We tailor our strategies to your specific situation and advocate at every stage to protect your rights and preserve your future.
What Is California Penal Code § 187?
California Penal Code § 187 defines murder as the unlawful killing of a human being or a fetus, with malice aforethought. This statute forms the foundation of California murder laws, distinguishing murder from manslaughter and other forms of homicide.
To convict someone of murder, the prosecution must prove:
- Unlawful killing. The act must be against the law and not justified by self-defense or other legal authority.
- Victim is a human being or a fetus. The killing must be of a human being. In California, certain situations involving the death of a fetus may also qualify.
- Malice aforethought. This element refers to the accused’s mental state. Malice may be express (clear intent to kill) or implied (actions showing disregard for human life).
Understanding these elements is essential to identifying where the prosecution’s case may fall short.
Degrees of Murder
Murder charges in California fall into two main degrees. The severity of the penalty depends on which degree of crime the State charges you with.
First-Degree Murder
This charge usually involves one or more of the following elements:
- A killing that was willful, deliberate, and premeditated;
- Use of particular methods, such as lying in wait or administering poison; and
- A death that occurs during the commission of certain felonies (felony murder rule).
If you stand accused of first-degree murder, premeditation means you had time—whether moments or days—to form the intent to kill before carrying out the act. The felony murder rule applies even when you had no intention to cause death. Suppose your intent was to rob someone, burglarize a home, or commit arson. If a death happens during the commission of specific crimes—such as robbery, burglary, or arson—the felony murder rule applies and the State can successfully charge you with murder.
Penalties may include 25 years to life in prison, life without parole, or, in extreme cases, the death penalty. Your actual sentence depends on the presence of aggravating circumstances and the court’s discretion.
Second-Degree Murder
This category includes intentional killings that were not premeditated and killings caused by reckless disregard for human life. Unlike first-degree murder, these cases often arise from spontaneous actions or decisions made in the heat of the moment.
For example, firing a gun into a crowded area without aiming at a specific person could result in a second-degree murder charge. While the act was not planned, and you had no intent to kill the victim, your actions demonstrated a conscious disregard for the safety of others.
The standard penalty for this charge is 15 years to life in prison. However, enhancements, such as prior convictions or the use of a firearm, can significantly increase the punishment.
Special Circumstances and Enhancements
Certain factors can elevate a murder charge and lead to harsher sentencing. These include:
- The death of multiple individuals,
- Victims who were law enforcement officers,
- Financial motives,
- Killings related to gang activity, and
- Acts involving torture or hate crimes.
If prosecutors establish one or more special circumstances, you could face life without the possibility of parole or capital punishment.
Legal Defenses to Murder Charges in California
Each murder case requires a personalized defense strategy. However, several legal defenses are commonly used to contest murder charges in California.
Self-Defense or Defense of Others
If you reasonably believed that someone posed an immediate threat of serious harm or death and used only the force necessary to prevent that harm, you may have a valid defense. California law recognizes the right to protect oneself or others when facing real danger.
Lack of Intent
Murder requires a specific state of mind. If the killing was accidental and not accompanied by intent or gross recklessness, the charge may not stand. In some cases, a defense attorney can argue for a reduction to manslaughter or dismissal of charges altogether.
Insanity
Under the M’Naghten Rule, a person who did not understand the nature of their act or could not distinguish right from wrong at the time may not be legally responsible. If this rule applies, the court may order mental health treatment instead of incarceration.
Mistaken Identity
It is not uncommon for eyewitness accounts to be inaccurate. If a defense attorney can cast doubt on the reliability of the identification or show that forensic or video evidence contradicts the accusation—it can significantly weaken the prosecution’s case.
Police Misconduct or Illegal Search and Seizure
If authorities violated your rights during an investigation, such as conducting an unlawful search or coercing a confession, your attorney may ask the court to exclude the resulting evidence. Suppressing key evidence can significantly weaken the prosecution’s position.
How Esfandi Law Group Can Help
If you or someone close to you is charged under the California Penal Code for murder, you need a defense team with the skill and determination to fight back. At Esfandi Law Group, we provide:
- Strategic legal planning customized to your case;
- Clear, bilingual communication for Spanish-speaking clients;
- Extensive experience in California criminal courts; and
- Reliable support from the first consultation to resolution.
Our mission is to defend your rights, reduce the charge’s impact on your life, and deliver the strongest possible legal defense.
Schedule a Free Consultation
You do not have to face a murder charge alone. At Esfandi Law Group, we understand the serious and stressful nature of this situation. With over 23 years of experience and a foundation built on defending Californians against high-level criminal accusations, we are prepared to help.
We offer tailored legal strategies and bilingual support, ensuring you understand every step of the process. Whether you are just being investigated or have already been charged, now is the time to act.
Contact Esfandi Law Group for a free, confidential consultation. Let us help you protect your rights and your future.
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