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California First-Degree Capital Murder Laws

first degree murder

Pursuant to the Penal Code 187 Murder statue a defendant can be convicted of California first-degree murder if:

  • The murder was committed either by use of a destructive device or explosive; or by lying in wait;
  • The crime was committed willfully, premeditatedly and deliberately; and
  • A specifically enumerated felony was committed that resulted in death

What are the Punishments for a California First-Degree Murder Conviction?

Punishment for a California Penal Code Section 187 conviction include 25-years-to-life in the California State Prison for a first-degree murder. In situation where the conviction is based on a “hate crime”, the defendant faces life in prison without any possibility of parole. These situations involve situations where a the defendant’s motivating factor for committing the murder was either victim’s race, sexual orientation, disability, or nationality.  

California Capital Murder Laws

California capital murder is commonly referred to first-degree murder with special circumstances. There are over 12 different special circumstances that apply to capital murder involve murder. California Penal Code 190.2 PC covers these “special circumstances” of which elevate first-degree murder to capital murder charges.

Penal Code 190.2 Special Circumstances

Under PC 190.2, there are 12 “special circumstances” where murder could lead a defendant to face life in prison without the possibility of parole or the death penalty. Some of the 12 special circumstances include murder carried out for financial gain, previous murder convictions, murder of public safety officer, murder of a witness, lying in wait, drive-by shooting, murder of gang member (also see, Penal Code 186.22(b) PC gang sentencing enhancement), murder using torture or poison.

Contact a California Murder Defense Attorney

If you or a loved one is facing Penal Code 187 murder charges in California it is critical that you contact with an experienced California murder defense attorney right away.

Our office charges reasonable attorneys fees and have excellent results. The Manuelian Law Firm has handled more than 50 murder cases and have taken more than 10 gang murder cases to trial. 9 of our murder clients received deal on a premeditated gang murder. The Manuelian Law Firm has additionally was able to get a death penalty murder case dismissed.

Experienced Los Angeles Murder Defense Attorney

Defending a murder charge is complex, requiring not only legal expertise and experience in handling of the case but the additional resources of investigators, forensic specialists, jury consultants and other types of experts. Thus, contact the Manuelian Law Firm today at (213) 248-6784 for a free consultation to get the proper defense. Se Habla Español.

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