Second-Degree Murder in California: What Penal Code §189(b) Really Means

Not all murder charges involve planning or premeditation. In California, second-degree murder under Penal Code §189(b) applies when someone is killed intentionally—but without the deliberate planning that defines first-degree murder. These cases often arise from impulsive acts, extreme recklessness, or deadly behavior that showed a disregard for human life.

While it may not carry the same label as first-degree murder, second-degree murder is still a felony with life-altering consequences—including the possibility of 15 years to life in prison. Knowing what qualifies as second-degree murder is critical if you’re facing charges—or trying to protect someone who is.

What is Second-Degree Murder in California?

California Penal Code § 189(b) defines second-degree murder with remarkable brevity: “All other kinds of murders are of the second degree.” This definition essentially makes second-degree murder a catchall category – any murder that doesn’t qualify as first-degree murder falls into this category.

While this definition might seem simple, understanding second-degree murder requires knowing what distinguishes it from both first-degree murder and manslaughter.

Second-Degree vs. First-Degree Murder: Key Differences

The distinction between first and second-degree murder focuses primarily on the defendant’s mental state and the circumstances of the killing:

First-Degree Murder Requirements (PC § 189(a))

First-degree murder requires:

• Willful, deliberate, and premeditated killing, OR
• Use of specific methods (explosives, poison, torture, lying in wait, etc.), OR
• Killing during the commission of certain felonies (robbery, burglary, rape, etc.)

Second-Degree Murder Requirements

Second-degree murder, by contrast, includes killings with malice aforethought that don’t meet first-degree criteria. This typically means:

• Intentional killings without premeditation or deliberation
• Killings with implied malice (acts with conscious disregard for human life)
• Certain inherently dangerous felony murders not listed in PC § 189(a)

The Critical Element is “Malice Aforethought”

For both degrees of murder, proving “malice aforethought” is essential. This legal concept comes in two forms:

Express Malice

Express malice exists when there’s a deliberate intention to kill. For second-degree murder, this means you intended to kill, but the decision wasn’t premeditated or deliberate as required for first-degree murder.

Implied Malice

More commonly, second-degree murder involves implied malice, which exists when:

• You intentionally committed an act with natural and probable dangerous consequences
• You knew your act was dangerous to human life
• You deliberately acted with conscious disregard for human life

Classic examples of implied malice include:

• Shooting a gun into an occupied building
• Playing Russian roulette
• Certain extremely reckless driving behaviors
• Severely beating someone without intent to kill

Common Second-Degree Murder Scenarios in California

Second-degree murder charges typically arise from situations like:

Impulsive Killings

Heat-of-the-moment killings without prior planning or deliberation. Unlike voluntary manslaughter, these lack adequate provocation that would cause an ordinary person to act rashly.

DUI Murder (“Watson Murder”)

After a prior DUI conviction, causing a fatal accident while driving under the influence can lead to second-degree murder charges based on implied malice. The prior conviction establishes knowledge of the dangers.

Dangerous Conduct with Conscious Disregard

Actions taken with knowledge of their danger and disregard for the risk, such as firing a weapon into a crowd or driving 100+ mph through a school zone.

Felony Murder (Limited Cases)

Deaths during felonies not specifically listed in PC § 189(a) may qualify as second-degree murder if the felony is inherently dangerous.

Penalties for Second-Degree Murder in California

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

Standard Sentence

• 15 years to life in state prison

Enhanced Sentences

• 20 years to life if the killing involved shooting from a vehicle
• 25 years to life if the victim was a peace officer
• Potentially longer sentences with other enhancements (gang involvement, prior strikes, etc.)

Additional Consequences

Beyond prison time, a second-degree murder conviction also means:

• Strike under California’s Three Strikes Law
• Lifetime prohibition on possessing firearms
• Restitution to the victim’s family
• Potential civil liability in wrongful death lawsuits
• Loss of certain civil rights
• Severe obstacles to employment, housing, and education after release

Legal Defenses to Second-Degree Murder Charges

Despite the gravity of these charges, several legal defenses may apply depending on the circumstances:

Self-Defense or Defense of Others

California law recognizes your right to use deadly force when you reasonably believe you or someone else faces imminent danger of death or great bodily harm. A successful self-defense claim results in acquittal.

Heat of Passion/Provocation

While not a complete defense, proving you acted in the heat of passion upon adequate provocation can reduce second-degree murder to voluntary manslaughter, significantly lowering your potential sentence.

Imperfect Self-Defense

If you genuinely but unreasonably believed you needed to defend yourself or others, this can reduce second-degree murder to voluntary manslaughter.

Accident Without Criminal Negligence

If the death resulted from an accident where you were acting lawfully and without criminal negligence, this may be a complete defense.

Insanity

If, because of mental illness, you were unable to understand the nature of your act or distinguish right from wrong, the insanity defense may apply.

Mistaken Identity/False Accusation

In some cases, the strongest defense is that you weren’t involved in the killing at all, challenging witness identifications or forensic evidence.

Lack of Malice

Challenging the prosecution’s evidence of malice aforethought can potentially reduce the charge to manslaughter.

How Second-Degree Murder Differs From Manslaughter

Understanding the distinction between second-degree murder and manslaughter is crucial for defense strategy:

Voluntary Manslaughter

Voluntary manslaughter is a killing that would be murder but is reduced due to mitigating circumstances:

• Heat of passion upon adequate provocation
• Imperfect self-defense
• Penalty: 3, 6, or 11 years in state prison

Involuntary Manslaughter

Involuntary manslaughter involves killings without malice:

• During a lawful act done with criminal negligence
• During an unlawful act not amounting to a felony
• Penalty: 2, 3, or 4 years in state prison

The key difference is malice aforethought – second-degree murder requires it, while manslaughter does not. This distinction often becomes the central battle in homicide cases.

Recent Changes to California’s Murder Laws

California has enacted significant reforms to its murder laws in recent years:

SB 1437 (2019)

This law substantially limited the felony murder rule and eliminated the “natural and probable consequences” doctrine for murder. Now, to be guilty of felony murder, a non-killer must either:

• Have been a major participant in the underlying felony, AND
• Have acted with reckless indifference to human life

SB 775 (2021)

This expanded SB 1437’s reforms 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 Prosecutors Build Second-Degree Murder Cases

Understanding the prosecution’s approach helps prepare a stronger defense:

Proving Malice Aforethought

Prosecutors focus on evidence demonstrating either intent to kill or conscious disregard for human life:

• Statements showing intent or knowledge of risk
• The nature and location of wounds
• Use of deadly weapons
• Prior threats or conflicts with the victim

Common Evidence in Second-Degree Murder Cases

• Medical examiner’s findings on cause and manner of death
• Witnesses to the killing or events leading up to it
• Surveillance footage
• DNA, fingerprints, and other forensic evidence
• Phone records and digital communications
• Evidence of motive

Expert Testimony

Prosecutors often rely on:

• Medical examiners/forensic pathologists
• DNA analysts
• Ballistics experts
• Blood spatter analysts
• Accident reconstructionists (in vehicle-related cases)

Why Experienced Legal Representation Is Essential

Second-degree murder cases require attorneys with specific capabilities:

Early Intervention

The earlier an attorney gets involved, the better. Critical steps include:

• Preventing harmful statements to law enforcement
• Preserving evidence that might be favorable to the defense
• Identifying and interviewing witnesses before memories fade
• Consulting with experts to challenge prosecution theories

Thorough Investigation

An effective defense team conducts its own investigation rather than relying solely on police reports, potentially uncovering:

• Witnesses the police didn’t interview
• Alternative explanations for physical evidence
• Evidence supporting self-defense or heat of passion
• Inconsistencies in witness statements

Strategic Case Analysis

Experienced attorneys identify the most promising defense approaches:

• Challenging the existence of malice aforethought
• Arguing for reduction to manslaughter
• Complete defenses like self-defense or accident
• Technical defenses like violations of constitutional rights

The Nieves Law Firm Approach to Second-Degree Murder Defense

At The Nieves Law Firm, we bring a comprehensive approach to defending against second-degree murder charges:

1. Immediate Action: We take swift steps to protect your rights from the moment we’re retained
2. Independent Investigation: Our in-house investigator works to uncover evidence the police may have missed
3. Expert Consultation: We work with forensic pathologists, ballistics experts, and other specialists as needed
4. Strategic Planning: We identify the most promising defense theories based on your specific case
5. Aggressive Motion Practice: We file motions to suppress illegally obtained evidence or dismiss improper charges
6. Skilled Negotiation: When appropriate, we negotiate for reduced charges or favorable plea agreements
7. Trial Preparation: We prepare every case as if it will go to trial, giving us leverage in negotiations and readiness if trial becomes necessary

Common Questions About Second-Degree Murder Charges

Q: Can a DUI that causes death lead to murder charges?

Yes. In California, a DUI causing death can be charged as second-degree murder (known as “Watson Murder”) if you have a prior DUI conviction. The prior conviction establishes knowledge of the dangers of drunk driving, which supports the implied malice element.

Q: What’s the difference between second-degree murder and voluntary manslaughter?

The key difference is malice aforethought. Second-degree murder requires malice, while voluntary manslaughter involves a killing that would be murder but is reduced due to heat of passion or imperfect self-defense.

Q: Can I still be charged with murder if I didn’t intend to kill anyone?

Yes. Under the implied malice theory, you can be charged with second-degree murder if you acted with conscious disregard for human life, even without specific intent to kill.

Q: How long after the crime can I be charged with second-degree murder?

Unlike most crimes, murder has no statute of limitations in California. You can be charged decades after the alleged offense, especially with advances in DNA technology.

Take Action to Protect Your Future

If you or someone you care about is facing second-degree murder charges in California, time is of the essence. The right legal representation can make a profound difference in the outcome of your case.

At The Nieves Law Firm, we understand what’s at stake and bring the knowledge, resources, and determination needed to fight for your rights and future. Our team has defended clients against the most serious criminal charges and knows how to navigate the complexities of homicide cases.

Contact The Nieves Law Firm today for a confidential consultation. When facing charges that can permanently alter your life, you need attorneys who will stand by you every step of the way.