Facing homicide charges under California Penal Code 187 (Murder) or Penal Code 664/187 (Attempted Murder) is a life-altering event.
A conviction in Los Angeles or Southern California can lead to decades in state prison, life without the possibility of parole, or even capital punishment in special circumstances cases.
Because the legal stakes are so high, immediate legal intervention by an experienced criminal defense lawyer is vital.
The criminal defense attorneys at Cron, Israels & Stark provide aggressive representation to challenge prosecution evidence, protect constitutional rights, and secure the best possible outcome.
Understanding California Murder and Attempted Murder Laws
What Is Murder Under Penal Code 187?
Under California PC 187, murder is defined as the unlawful killing of a human being (or a fetus) with malice aforethought.
To secure a conviction, the prosecution must prove malice beyond a reasonable doubt in one of two ways:
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Express Malice: A deliberate, clear intent to kill.
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Implied Malice: Acting with a conscious disregard for human life, knowing the conduct is dangerous to human life.
What Is Attempted Murder Under Penal Code 664/187?
Under California PC 664/187, attempted murder requires the prosecution to prove two distinct legal elements:
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Specific Intent to Kill: The defendant intended to take a life (implied malice is not enough for an attempted murder charge).
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A Direct Step: Taking an unequivocal act toward committing the killing—going beyond mere preparation or planning.
Attempted murder sentences range from several years to life in state prison, especially if the offense is found to be deliberate and premeditated.
8 Proven Defenses Against Murder & Attempted Murder Charges
Every criminal case requires a unique defense strategy. Strategic legal arguments that criminal defense attorneys use to challenge PC 187 and PC 664/187 charges include:
1. Self-Defense or Defense of Others
California law permits individuals to use deadly force if:
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They reasonably believed they (or someone else) were in imminent danger of being killed or suffering great bodily injury.
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They reasonably believed that immediate deadly force was necessary to defend against that danger.
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They used no more force than necessary to defend against the threat.
When self-defense is established, the killing or attempted killing is legally justified, requiring a complete acquittal.
2. Mistaken Identification
Eyewitness testimony is notoriously unreliable. Identification can be challenged based on:
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High-stress environments and poor lighting conditions
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Cross-racial identification bias
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Weapon focus effect (where witness attention is fixated on a firearm or weapon)
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Highly suggestive police lineups or photo arrays
If reasonable doubt exists regarding the perpetrator's identity, the charges cannot stand.
3. Heat of Passion (Reduction to Voluntary Manslaughter)
While not a complete defense, proving that a killing occurred in the "heat of passion" negates the legal element of malice aforethought. This defense applies if:
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The defendant was provoked by circumstances that would cause a reasonable person to act rashly.
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The defendant acted under the direct influence of that passion before a sufficient "cooling-off period" elapsed.
Successful assertion of this defense reduces a first- or second-degree murder charge to voluntary manslaughter, significantly shortening prison exposure.
4. Lack of Intent to Kill
Attempted murder requires proof of specific intent to kill. If the evidence shows a lack of intent, attempted murder charges may be reduced to lesser offenses, such as:
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Assault with a deadly weapon (PC 245(a)(1))
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Gross negligent discharge of a firearm (PC 246.3)
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Shooting at an inhabited dwelling (PC 246)
5. False Accusations and Motive to Lie
Serious charges frequently arise from domestic disputes, gang-related rivalries, police bias, or witness fabrication. Exposing witness motives, inconsistencies, or personal vendettas can dismantle the prosecution's case.
6. Constitutional Rights Violations
If law enforcement violated Fourth, Fifth, or Sixth Amendment rights, courts can suppress critical evidence. Common constitutional rights violations include:
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Illegal searches and seizures without a warrant or probable cause
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Coerced confessions or unlawful interrogations
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Failure to read Miranda rights
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Failure to disclose exculpatory evidence (Brady violations)
7. Defense of Insanity
Under California's M'Naghten standard, a defendant may plead Not Guilty by Reason of Insanity (NGRI) if a mental disease or defect rendered them incapable of:
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Understanding the nature and quality of the act, or
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Distinguishing right from wrong at the time of the offense.
8. Accidental Death
A person cannot be convicted of murder if the death occurred accidentally during a lawful act executed with usual and ordinary caution, without any unlawful intent or criminal negligence.
Penalties for Murder and Attempted Murder in California
|
Offense |
Potential Penalties |
| Second-Degree Murder | 15 years to life in state prison |
| First-Degree Murder | 25 years to life in state prison |
| Special Circumstances Murder | Life without parole (LWOP) or the death penalty |
| Attempted Murder (Unpremeditated) | 5, 7, or 9 years in state prison |
| Attempted Murder (Premeditated) | Life imprisonment with the possibility of parole |
Note: Sentence enhancements for using a firearm (such as California's 10-20-Life law), gang allegations, or prior strike convictions can add decades—or life sentences—to standard terms.
What the Prosecution Must Prove for Conviction
To convict a defendant of murder, the prosecution must prove beyond a reasonable doubt:
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A human being (or fetus) died.
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The defendant's act caused the death.
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The act was committed with malice aforethought.
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The killing was unlawful (without legal justification like self-defense).
To convict for attempted murder, prosecutors must prove:
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The defendant took at least one direct, deliberate step toward killing another person.
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The defendant acted with the specific intent to kill.
If the prosecution fails to establish even a single element, the jury must return a verdict of not guilty.
Why Early Legal Defense Strategy Matters
Homicide investigations move fast. Law enforcement immediately gathers cell phone tower data, surveillance footage, witness testimony, and forensic evidence.
Engaging a defense firm early allows defense investigators and experts to:
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Conduct an independent crime scene investigation.
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Preserve critical evidence that police may overlook.
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Subpoena favorable surveillance footage before it is overwritten.
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Prevent self-incriminating statements during police interrogations.
Frequently Asked Questions (FAQs)
What is the most effective defense against a California murder charge?
The most effective defense depends entirely on the unique facts of the case. Self-defense, mistaken identity, lack of intent, and heat of passion are among the most successful defenses used in homicide trials.
Can murder charges be reduced to manslaughter in California?
Yes. If defense counsel proves that malice aforethought was absent—such as when a killing occurs in the heat of passion or upon sudden quarrel—a murder charge can be reduced to voluntary or involuntary manslaughter, significantly reducing potential prison time.
How does a lack of intent affect an attempted murder case?
Attempted murder requires proof of specific intent to kill. If the defense demonstrates that the defendant intended only to injure, scare, or defend themselves, the attempted murder charge cannot be sustained and must be dismissed or reduced to a lesser crime like assault.
How is self-defense proven in a murder or attempted murder trial?
Self-defense is established by presenting evidence—such as witness testimony, physical injuries, surveillance video, or expert reconstruction—showing that the defendant reasonably believed they were in imminent danger of death or great bodily harm and used proportional force to avoid that threat.
Can a murder case be dismissed if police violated constitutional rights?
Yes. If law enforcement obtained evidence through an illegal search, conducted an unlawful interrogation, or violated Miranda rights, a judge may suppress that evidence. If the court excludes key evidence, the prosecution may have to drop or reduce the charges.
Consult a Los Angeles Murder Defense Attorney
If you or a loved one is under investigation or facing charges for murder under PC 187 or attempted murder under PC 664/187 in Los Angeles or Southern California, immediate defense action is essential.
Contact the experienced legal team at Cron, Israels & Stark for a confidential case evaluation. Call (424) 372-3112 today to speak with a defense lawyer.
