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The law on the crime of murder in the U.S. state of California is defined by sections 187 through 191 of the California Penal Code.[1]
 | This article needs additional citations for verification. (May 2021) |
The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate near the median for the entire country.[2]
The Code defines murder as "the unlawful killing of a human being, or a fetus, with malice aforethought", with the exception of abortions consented to by the mother of the fetus, where an abortion is necessary to preserve the mother's life, or when the abortion complied with the Therapeutic Abortion Act.[3] While malice may be expressed in the form of a 'deliberate intention to take away the life of a fellow creature', it may be implied when there is no 'considerable provocation' for the killing, or when the circumstances around the killing 'show an abandoned and malignant heart'.[4]
In California, the common law "year and a day" rule has been changed to a "three years and a day" rule.[5] If a death occurs more than three years and one day after the act alleged to have caused it (and the act was committed on or after 1 January 1997), there is "a rebuttable presumption that the killing was not criminal", but the prosecution may seek to overcome this presumption.[6] However, if the murder is committed by somebody who is serving a term of life imprisonment and is sentenced to state prison, the year and a day rule applies instead.[7]
There are multiple degrees of murder in California.
Second-degree murder is any murder that does not constitute first-degree murder.[8]
Murder may be charged as first-degree murder if committed under the following circumstances:
Also known as first degree murder with special circumstances, capital murder is distinguishable from first-degree murder in that the death penalty may be imposed upon conviction. The circumstances which allow for the death penalty (If the defendant was under 18, the only penalty is 25 years to life. Youth offender parole laws require a parole hearing after 25 years regardless of sentence imposed however.) to be imposed for murder are contained in
In addition, aiding, abetting, counseling, commanding, inducing, soliciting, requesting, or assisting in the commission of a crime enumerated in subdivision (17), with reckless indifference to human life and as a major participant, is murder even if even if the defendant is not the actual killer.
Although technically not charged under section 187, the following crimes involving the death of a person may also lead to a death sentence.
If a person is convicted of capital murder in California, that person may face a sentence of life in prison without the possibility of parole, or the death penalty.[11]
A person convicted of first-degree murder will face a sentence of a minimum of 25 years and a maximum of Life imprisonment without parole
A person convicted of second-degree murder in California will face a sentence of a minimum of 15 years and a maximum of Life imprisonment without parole.[12]
Punishments are increased if the murder victim was a peace officer,[13] or was killed during a drive-by shooting.[14]
If a gun was used during the murder, the punishment will include an additional 10, 20, or 25 years to life prison sentence. Those convicted will also receive a strike on their criminal record, and fines of up to $10,000. They will also have to pay restitution to victims, and will no longer be allowed to own a gun.[15]
The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate near the median for the entire country.[2]
A summary of the penalties for California's homicide offenses is listed below.
| Offense | Mandatory Sentencing |
|---|---|
| Any felony criminal homicide |
|
| Vehicular Manslaughter (Standard Negligence) | Up to 1 year in county jail |
| Vehicular Manslaughter (Gross Negligence) | Up to 1 year in county jail as a misdemeanor. 2, 4, or 6 years in state prison as a felony. |
| Vehicular Manslaughter for Financial Gain | 4, 6, or 10 years in state prison |
| Involuntary Manslaughter | 2, 3, or 4 years (a strike under California Three Strikes Law if a firearm was used) |
| Voluntary Manslaughter | 3, 6, or 11 years |
| Second Degree Murder | 15 years to Life imprisonment without parole |
| Second Degree Murder of a Peace Officer | 25 years to Life imprisonment without parole |
| Second Degree Murder by shooting from a motor vehicle with intent to cause great bodily injury (intent to cause death is prosecuted as 1st Degree Murder) | 20 years to Life imprisonment without parole |
| First Degree Murder | 25 years to Life imprisonment without parole |
| Assault Causing the Death of A Child Under 8 Years of Age (Penal Code 273ab(a)) | 25 years to Life imprisonment without parole |
| First Degree Murder constituting a hate crime or of an operator or driver | Life without parole (eligible for parole after 25 years if the defendant was under 18) |
| Aggravated First Degree Murder | Death or life without parole (eligible for parole after 25 years if the defendant was under 18) |
Under the California Uniform Bail Schedule, the standard bail for murder is $750,000.[16] The standard bail for first-degree murder with special circumstances (that is, circumstances under which the district attorney is seeking the death penalty) is "NO BAIL" (which means that bail is denied outright).
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