What Makes It First-Degree Murder Under California Penal Code §187?

Not all murder charges are treated equally under California law—and first-degree murder is as serious as it gets. Defined under Penal Code §187, first-degree murder involves more than just causing someone’s death; it includes specific elements like premeditation, intent, or the use of certain deadly methods. Prosecutors pursue these cases aggressively, and a conviction can mean life in prison—or worse.

If you or someone you love is facing a first-degree murder charge, understanding what elevates a homicide to this level is the first step toward building a powerful defense.

What Defines First-Degree Murder in California?

California Penal Code § 189 establishes which killings qualify as first-degree murder. Unlike second-degree murder, first-degree murder involves specific circumstances or mental states that the law considers especially blameworthy.

Under PC § 189(a), a killing qualifies as first-degree murder when it is:

1. Committed Using Specific Methods

The law designates certain killing methods as automatically qualifying for first-degree murder:

• Destructive device or explosive
• Weapon of mass destruction
• Ammunition designed to penetrate metal or armor (when knowingly used)
• Poison
• Lying in wait (concealing one’s presence and watching for an opportunity to attack)
• Torture
• Discharge of a firearm from a motor vehicle (drive-by shooting) with intent to kill

2. Willful, Deliberate, and Premeditated

Even without one of the methods above, a killing qualifies as first-degree murder if it was:

• Willful (intentional)
• Deliberate (resulting from careful thought)
• Premeditated (considered or planned beforehand)

It’s important to note that PC § 189(d) specifically states that to prove premeditation and deliberation, prosecutors do not need to demonstrate that the defendant “maturely and meaningfully reflected upon the gravity of the act.” This means that premeditation can happen quickly—there’s no minimum time requirement between forming the intent to kill and acting on it.

3. Felony Murder

The felony murder rule makes a killing first-degree murder when it occurs during the commission or attempted commission of certain dangerous felonies:

• Arson
• Rape
• Carjacking
• Robbery
• Burglary
• Mayhem
• Kidnapping
• Train wrecking
• Torture (PC § 206)
• Sodomy (PC § 286)
• Oral copulation (PC § 287, formerly § 288a)
• Lewd acts with a child (PC § 288)
• Sexual penetration (PC § 289)

Who Can Be Charged With First-Degree Murder?

A critical aspect of PC § 189 is who can be held responsible for a killing. Recent changes to California law have significantly restricted who can be charged with murder when they weren’t the actual killer.

Under PC § 189(e), a participant in one of the listed felonies where a death occurs is liable for murder only if:

1. The person was the actual killer, OR
2. The person wasn’t the actual killer but, with intent to kill, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer in committing first-degree murder, OR
3. The person was a “major participant” in the underlying felony and acted with “reckless indifference to human life”

However, PC § 189(f) creates an exception when the victim is a peace officer killed in the line of duty. In these cases, the restrictions in subsection (e) don’t apply if the defendant knew or reasonably should have known the victim was a peace officer performing their duties.

The Difference Between First and Second-Degree Murder

California Penal Code § 189(b) simply states that “all other kinds of murders are of the second degree.” This means that any unlawful killing with malice aforethought that doesn’t meet the specific criteria for first-degree murder falls into the second-degree category.

The key distinctions include:

• Level of Planning: First-degree typically involves planning and deliberation; second-degree generally doesn’t
• Specific Methods: Killings using specific methods listed in PC § 189(a) automatically qualify as first-degree
• Felony Murder: Deaths during certain felonies qualify as first-degree; deaths during other felonies may be second-degree
• Penalties: First-degree carries significantly harsher punishments

Penalties for First-Degree Murder in California

The consequences of a first-degree murder conviction are severe:

• Standard Penalty: 25 years to life in state prison
• Special Circumstances: Life without the possibility of parole (LWOP)
• Death Penalty: Technically still possible with special circumstances, though California currently has a moratorium on executions
• Victim is a Peace Officer: LWOP if the defendant knew or should have known the victim was a peace officer performing their duties
• Hate Crime Enhancement: LWOP if the murder was committed because of the victim’s race, color, religion, nationality, or country of origin

Beyond incarceration, a first-degree murder conviction also results in:

• Strike under California’s Three Strikes Law
• Lifetime firearm prohibition
• Substantial restitution to the victim’s family
• Loss of certain civil rights
• Devastating social and employment consequences

Key Legal Defenses to First-Degree Murder Charges

Despite the severity of first-degree murder charges, there are several potential defenses depending on the specific circumstances:

Challenging the Degree of Murder

Even if the killing itself can’t be disputed, there may be grounds to argue for a reduction from first to second-degree murder by challenging:

• The existence of premeditation and deliberation
• Whether the killing actually occurred during the commission of a listed felony
• Whether a specific method like “lying in wait” truly applies to the facts

Self-Defense or Defense of Others

California law recognizes the right to use deadly force when you reasonably believe you or someone else is in imminent danger of:

• Being killed
• Suffering great bodily injury
• Being raped, robbed, kidnapped, or victimized by another forcible and atrocious crime

Imperfect Self-Defense

Even if your belief in the need for self-defense was unreasonable, imperfect self-defense can reduce first-degree murder to voluntary manslaughter.

Challenging Felony Murder Liability

For non-killers charged under the felony murder rule, possible defenses include:

• You weren’t a “major participant” in the underlying felony
• You didn’t act with “reckless indifference to human life”
• You didn’t aid or abet the actual killer with intent to kill

Mistaken Identity or False Accusation

In some cases, the strongest defense is that you were not involved in the killing at all. This might involve:

• Providing an alibi
• Challenging eyewitness identifications
• Disputing forensic evidence
• Identifying alternative suspects

Insanity Defense

If, because of a mental disease or defect, you were unable to understand the nature of your act or distinguish right from wrong, you may qualify for the insanity defense.

Challenging Evidence

First-degree murder cases often involve complex evidence that can be challenged:

• DNA or fingerprint evidence
• Blood spatter analysis
• Ballistics
• Cell phone tower data
• Video surveillance footage

Recent Changes to California’s Murder Laws

California’s homicide laws have undergone significant changes in recent years:

SB 1437 (2019)

This landmark legislation substantially limited the felony murder rule and eliminated the “natural and probable consequences” doctrine for murder. The changes are reflected in PC § 189(e)’s limitations on who can be charged with murder when they weren’t the actual killer.

SB 775 (2021)

This law expanded the reforms of SB 1437 to include attempted murder and manslaughter convictions.

Retroactive Relief

People previously convicted under theories of murder liability that are no longer valid can petition for resentencing under these new laws.

How First-Degree Murder Cases Are Typically Built

Understanding how prosecutors build first-degree murder cases can help you appreciate what you’re up against:

Physical Evidence

• Forensic evidence (DNA, fingerprints, blood)
• Autopsy findings on cause and manner of death
• Ballistics and weapons analysis
• Digital evidence (phone records, texts, emails)
• Surveillance footage

Witness Testimony

• Eyewitnesses to the killing
• People with knowledge of motive or prior threats
• Accomplices who may testify in exchange for lesser charges
• Expert witnesses on forensic matters

Evidence of Premeditation

Prosecutors look for evidence of planning, such as:

• Obtaining a weapon
• Research about the victim or methods of killing
• Statements of intent to harm the victim
• Prior conflicts or motives
• Establishing an alibi in advance

Why Experienced Legal Representation Is Essential

First-degree murder cases demand attorneys with specific skills and extensive experience:

• In-depth knowledge of homicide law: The nuances between degrees of murder and manslaughter can mean decades of difference in sentencing
• Forensic expertise: Understanding how to challenge complex forensic evidence
• Investigation resources: The ability to conduct an independent investigation rather than relying solely on police reports
• Negotiation skills: Even in murder cases, skilled negotiation can sometimes result in reduced charges
• Trial experience: First-degree murder cases often go to trial, requiring attorneys comfortable in high-stakes courtroom litigation

The Nieves Law Firm Approach to First-Degree Murder Defense

When we take on a first-degree murder case, we bring a comprehensive approach:

1. Thorough Case Analysis: We meticulously review all evidence, police reports, witness statements, and forensic findings
2. Independent Investigation: Our in-house investigator works to uncover evidence the police may have missed or ignored
3. Strategic Defense Planning: We identify the most promising defense theories based on the specific facts of your case
4. Expert Consultation: We work with forensic pathologists, ballistics experts, DNA analysts, and other specialists as needed
5. Aggressive Motion Practice: We file motions to suppress illegally obtained evidence and challenge prosecution theories
6. Skilled Negotiation: When appropriate, we negotiate for reduced charges or favorable plea agreements
7. Trial Readiness: We prepare every case as if it will go to trial, ensuring we’re ready to fight for you in court if necessary

Time Is Critical in First-Degree Murder Cases

If you or someone you care about is facing first-degree murder charges, immediate action is essential. Evidence can disappear, witnesses’ memories fade, and investigative opportunities can be lost forever.

At The Nieves Law Firm, we understand the stakes involved in first-degree murder cases. We provide aggressive, knowledgeable defense representation when you need it most. Our team has the experience, resources, and determination to fight for your rights and future.

Contact The Nieves Law Firm today for a confidential consultation. When facing the most serious charges in our criminal justice system, you need attorneys who will stand by you every step of the way.