Murder and attempted murder charges are among the most serious criminal cases prosecuted in California.
A conviction under California Penal Code 187 (murder) or Penal Code 664/187 (attempted murder) can result in decades in prison, life imprisonment, or even capital punishment in special circumstances cases.
Because the penalties are life-altering, building a strategic and aggressive defense is critical from the earliest stage of the investigation.
If you or a loved one is facing murder or attempted murder charges in Los Angeles or anywhere in California, understanding the strongest legal defenses can make the difference between life imprisonment and freedom.
Your best hope for a favorable outcome is with an experienced criminal defense attorney at Cron, Israels & Stark in Los Angeles. To schedule a consultation, call (424) 372-3112 or use the contact form here.
What Is Murder Under California Law?
California Penal Code 187 defines murder as the unlawful killing of a human being with malice aforethought.
Malice can be:
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Express malice, meaning an intent to kill
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Implied malice, meaning conscious disregard for human life
The prosecution must prove malice beyond a reasonable doubt.
What Is Attempted Murder?
Under Penal Code 664/187, attempted murder requires proof of:
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A specific intent to kill, and
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A direct step toward committing the killing
A direct step is more than planning. It is an action that clearly puts the plan into motion.
Attempted murder can carry a sentence of up to life in prison, depending on circumstances such as premeditation or firearm use.
Common Defenses to California Murder and Attempted Murder Charges
Every case is fact-specific. However, several defense strategies are frequently used in homicide prosecutions.
Self-Defense or Defense of Others
Self-defense is one of the strongest and most commonly raised defenses in murder cases.
Under California law, a person may use deadly force if:
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They reasonably believed they were in imminent danger of being killed or suffering great bodily injury
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They reasonably believed deadly force was necessary
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They used no more force than reasonably necessary
If these elements are proven, the killing is legally justified.
Disputes often arise over whether the threat was truly imminent and whether the level of force used was reasonable under the circumstances.
Mistaken Identification
Wrongful convictions often stem from unreliable eyewitness testimony.
Factors that may undermine identification include:
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High-stress situations
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Poor lighting
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Weapon focus
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Cross-racial identification issues
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Police suggestion during lineups
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Passage of time
A skilled defense attorney may challenge identification through expert testimony, cross-examination, and forensic inconsistencies.
If identity cannot be proven beyond a reasonable doubt, the case collapses.
Heat of Passion (Voluntary Manslaughter)
Heat of passion is not a complete defense, but it can reduce murder to voluntary manslaughter.
This applies when:
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The defendant was provoked
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The provocation would cause a reasonable person to act rashly
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The defendant acted before cooling off
If successful, this defense eliminates the malice element required for murder.
Reducing a first- or second-degree murder charge to manslaughter can significantly reduce prison exposure.
Lack of Intent to Kill
Attempted murder requires specific intent to kill.
If the prosecution cannot prove intent beyond a reasonable doubt, the charge may be reduced to:
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Other lesser offenses
Intent is often inferred from circumstances, making it a key battleground in attempted murder trials.
Insanity Defense
In rare cases, a defendant may assert a not guilty by reason of insanity defense.
Under California law, a defendant is legally insane if, due to a mental disease or defect, they:
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Did not understand the nature of their act, or
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Did not understand that their act was morally or legally wrong
If found not guilty by reason of insanity, the defendant is typically committed to a state hospital rather than released.
False Accusations
Murder allegations sometimes arise from:
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Witness bias
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Personal vendettas
Exposing motives to fabricate can dismantle the prosecution's case.
Constitutional Violations
Evidence may be suppressed if law enforcement violated constitutional rights.
Examples include:
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Illegal searches
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Coerced confessions
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Miranda violations
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Withholding exculpatory evidence
Suppression of critical evidence can lead to dismissal or significant charge reduction.
Penalties for Murder and Attempted Murder in California
Second-Degree Murder
15 years to life in prison.
First-Degree Murder
25 years to life in prison.
Special Circumstances Murder
Life without parole or the death penalty.
Attempted Murder
Up to life imprisonment if premeditated.
Enhancements for firearms, gang allegations, or prior strikes can dramatically increase exposure.
What Prosecutors Must Prove
To convict for murder, prosecutors must establish:
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A death occurred
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The defendant caused the death
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The killing was unlawful
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The defendant acted with malice
To convict for attempted murder, they must prove:
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Specific intent to kill
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A direct but ineffective step toward the killing
If any element fails, the jury must acquit.
Why Early Defense Strategy Is Critical
Homicide investigations begin long before charges are filed. Law enforcement may already have:
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Surveillance footage
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Forensic evidence
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Cell phone data
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Witness statements
Early involvement by defense counsel allows for:
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Independent investigation
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Witness preservation
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Forensic analysis
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Strategic negotiation
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Bail advocacy
Delays can permanently damage a defense.
Frequently Asked Questions
What is the best defense to a murder charge?
It depends on the facts. Common defenses include self-defense, mistaken identity, lack of intent, and heat of passion.
Can murder charges be reduced?
Yes. Charges can sometimes be reduced to manslaughter or other offenses if malice or intent cannot be proven.
What if I did not intend to kill anyone?
Lack of intent may defeat attempted murder charges and reduce murder charges, depending on the circumstances.
Is self-defense hard to prove?
It can be fact-intensive. The key question is whether the force used was reasonable under the circumstances.
Can evidence be thrown out in a murder case?
Yes. If obtained illegally, evidence may be suppressed.
Speak With a Los Angeles Murder Defense Attorney
Murder and attempted murder cases demand immediate and aggressive defense action. These are complex, high-stakes prosecutions where every detail matters.
If you or a family member is facing Penal Code 187 murder or Penal Code 664/187 attempted murder charges in Los Angeles or Southern California, early legal representation can significantly affect the outcome.
The Los Angeles-based criminal defense attorneys at Cron, Israels & Stark are here to help.
Contact our criminal defense attorneys for a confidential consultation.
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