--- title: "California Penal Code 187 PC: Murder " description: "Facing a PC 187 murder charge in California? Learn the elements prosecutors must prove, first vs. second degree penalties, the felony-murder rule after SB 1437." url: "https://www.thehfirm.com/penal-codes/penal-code-187-murder" site: "H Law Group" --- # California Penal Code 187 PC: Murder Facing a PC 187 murder charge in California? Learn the elements prosecutors must prove, first vs. second degree penalties, the felony-murder rule after SB 1437. Topics: Violent Crimes, Homicide, Penal Code, Criminal Defense, Murder Charges, Los Angeles Criminal Defense Murder is the most serious charge in the California Penal Code, and Penal Code 187 PC is the section that defines it. If you or someone you love has been arrested on a murder charge, you're looking at a case where the prosecution's entire strategy is built around one word: malice. Understanding what that word actually means under California law, and where the line falls between murder, manslaughter, and a killing that isn't a crime at all, is the first thing to get straight before anything else. This page walks through what the state has to prove, how first-degree and second-degree murder differ, what a conviction actually carries, and where a real defense can come from. ## What the prosecution must prove under PC 187 PC 187 defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Every word in that sentence carries weight. To convict, the prosecution has to prove three things beyond a reasonable doubt: - The defendant committed an act that caused the death of another person or a fetus. - The act was done with malice aforethought. - The killing wasn't legally justified, excused, or reduced to a lesser offense by the circumstances. Drop any one of those and the charge doesn't hold. That's usually where a defense case is built: not by denying a death occurred, but by attacking whether malice was actually present, or whether the killing falls into a legal category, self-defense, accident, or a lesser degree of homicide, that PC 187 doesn't cover. ## Malice aforethought: the line between murder and manslaughter Malice aforethought doesn't require hatred, planning, or a grudge. It comes in two forms under California law: - Express malice: a deliberate intent to unlawfully kill another person. - Implied malice: the defendant did something objectively dangerous to human life, knew it was dangerous, and consciously disregarded that risk anyway. Implied malice is where a lot of murder cases actually get fought. A bar fight that turns fatal, a shooting during a robbery gone wrong, a car chase that ends in a death, all of these can turn on whether the state can prove the defendant knew the conduct was likely to kill someone and did it anyway. California law also makes clear that malice cannot be assigned to someone just because they took part in a crime where someone else did the killing. That change matters a lot for felony-murder cases, covered below. Without malice, a killing may still be a crime, but it's manslaughter under Penal Code 192, not murder. ## First-degree vs. second-degree murder California splits murder into two degrees, and the degree charged drives everything downstream, from bail to sentencing exposure. First-degree murder applies when a killing is willful, deliberate, and premeditated, meaning the defendant actually weighed the decision before acting, even briefly; carried out by poison, lying in wait, or torture; committed with a destructive device, armor-piercing ammunition, or by shooting from a vehicle at someone outside it; or the result of certain felonies under the felony-murder rule, covered next. Second-degree murder is everything else that still involves malice: an intentional killing that wasn't planned out in advance, or an implied-malice killing that doesn't fit one of the first-degree categories. The statute governing both degrees is [Penal Code section 189](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=189.), which lays out exactly which felonies and methods push a case into first-degree territory. ## The felony-murder rule, and what changed in 2019 Under the felony-murder rule, a death that happens during certain violent felonies, including robbery, rape, burglary, carjacking, kidnapping, and arson, can be charged as first-degree murder even without proof the defendant intended to kill anyone. For decades, that rule swept in people who never pulled a trigger or intended for anyone to die, including getaway drivers and lookouts. Senate Bill 1437, passed in 2018, narrowed that dramatically. Under current law, someone can only be convicted of felony murder if they were the actual killer, aided the killer while intending to kill, or were a major participant in the underlying felony who acted with reckless indifference to human life. Senate Bill 775, passed in 2021, extended the same resentencing relief to people convicted under related theories, including some attempted murder and manslaughter convictions. People convicted before 2019 under the old, broader rule have had a path to petition for resentencing since. ## Penalties for a PC 187 conviction Murder sentencing in California depends heavily on the degree and on whether special circumstances apply: - Second-degree murder: 15 years to life in state prison. - First-degree murder: 25 years to life in state prison. - First-degree murder with one or more special circumstances: life without the possibility of parole, or death. Special circumstances under [Penal Code 190.2](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=190.2) include things like murder for financial gain, multiple murders, murder by torture, murder of a peace officer, and killings carried out during certain felonies such as robbery or kidnapping. California's death penalty is still on the books, but executions have been under a governor's moratorium since 2019, so life without parole is the practical ceiling in nearly every special-circumstances case charged today. On top of the base sentence, enhancements can add significant time, most commonly for using a firearm during the offense. A prior strike under California's Three Strikes law can also push a sentence well past the statutory minimum. ## Common defenses to a murder charge A murder charge doesn't mean a murder conviction. Defenses that actually get traction in these cases include: - Self-defense or defense of others: if the defendant reasonably believed they or someone else faced imminent death or great bodily injury and used no more force than necessary, California law doesn't punish that as murder. - Absence of malice: if the killing was reckless or negligent but not done with an intent to kill or a conscious disregard for human life, the correct charge may be manslaughter, not murder. - Accident: a death that resulted from a genuine accident, without malice or criminal negligence, isn't murder. - Misidentification: eyewitness identification is notoriously unreliable under stress, at night, or across race, and a meaningful share of wrongful homicide convictions trace back to a witness who was simply wrong. - Challenging the felony-murder theory: after SB 1437, if the defendant wasn't the actual killer, didn't intend to kill, and wasn't a major participant acting with reckless indifference, felony murder may no longer apply to them at all. - Mental state defenses: voluntary intoxication, provocation, or a diagnosed mental disorder can sometimes reduce a murder charge to manslaughter by negating premeditation or malice, even where they wouldn't fully excuse the conduct. Which of these applies, if any, depends entirely on the facts of the arrest, the forensic evidence, and what's in the police reports. ## Related charges Murder charges rarely exist in isolation. Related offenses that often come up alongside or instead of PC 187 include voluntary manslaughter under Penal Code 192(a), an intentional killing committed in the heat of passion or during a sudden quarrel, without the malice required for murder; involuntary manslaughter under Penal Code 192(b), a death caused by criminal negligence or during an unlawful act that isn't inherently dangerous; [gross vehicular manslaughter while intoxicated under Penal Code 191.5](/penal-codes/pc-191-5-gross-vehicular-manslaughter-while-intoxicated-wat), a DUI-related death charged separately because of the intoxication element; and [attempted murder under Penal Code 664/187](/penal-codes/penal-code-664-187-pc-attempted-murder), charged when the intended killing doesn't result in death and carrying its own separate sentencing scheme. Prosecutors sometimes charge murder and let a jury come back with a lesser included offense, or negotiate a plea down from murder to manslaughter well before trial. Knowing which of these charges actually fits the facts is often the difference between decades and a resolution that lets someone rebuild a life. ## Frequently asked questions ### Can a murder charge be reduced to manslaughter? Yes. If the evidence doesn't support malice, whether express or implied, a murder charge can be reduced to voluntary or involuntary manslaughter at trial, or negotiated down before it gets there. This happens often in heat-of-passion killings and cases where the state's implied-malice theory is weak. ### Is there a minimum sentence for second-degree murder in California? Yes. Second-degree murder carries 15 years to life. The "to life" part means parole eligibility, not automatic release, and the parole board makes its own independent decision at that point. ### Can someone be charged with murder if they didn't do the killing? It's possible, but much harder than it used to be. Since SB 1437 took effect, a person who didn't personally kill anyone can only be convicted of murder if they intended to kill and aided the actual killer, or were a major participant in the underlying felony who acted with reckless indifference to human life. ### Does California still have the death penalty for murder? It's still a legal penalty for first-degree murder with certain special circumstances, but Governor Newsom's 2019 executive order placed a moratorium on executions, so life without parole is the sentence actually imposed in practice. ### What's the difference between murder and attempted murder? Murder under PC 187 requires a death. If the intended victim survives, the applicable charge is attempted murder under PC 664/187, which carries its own sentencing range separate from the penalties for completed murder. ## If you're facing a murder charge A PC 187 charge moves fast, and decisions made in the first days after an arrest, what gets said to detectives, what evidence gets preserved, whether a preliminary hearing gets waived, can shape the entire case. If you're dealing with a murder investigation or charge, talk to a criminal defense attorney before you talk to anyone else. ## Related California penal codes - [PC 664/187 - Attempted Murder: Penalties & Defenses](https://www.thehfirm.com/penal-codes/penal-code-664-187-pc-attempted-murder) - [PC 191.5 - Gross Vehicular Manslaughter While Intoxicated](https://www.thehfirm.com/penal-codes/pc-191-5-gross-vehicular-manslaughter-while-intoxicated-wat) --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. For legal advice about your specific situation, contact H Law Group directly.