Every state has different definitions of the degrees of murder. Second degree murder in California is murder without premeditation or planning but with malicious intention. The penalty for second degree murder in California is a state prison sentence of at least 15 years with maximum sentences of life.
In California, murder is defined as when someone’s actions cause the death of another person, and those actions were done with the intention to cause death or serious injury. If the death happens during self-defense, it is not charged as murder.
Murder charges are divided into first degree murder charges or second degree murder charges. These carry different penalties. If the defendant committed murder, but it is not first degree murder, then they will be charged with second degree murder.
The Definition of Second Degree Murder in California
Second degree murder in California, in the simplest terms, is defined as:
- A murder that is not considered a first degree murder in the eyes of the law
- When the defendant commits felony murder – they kill someone while committing a felony
A second degree murder is intentional but not planned in advance. Therefore the prosecutor does not need to prove that there was planning or deliberation. They do need to prove that the defendant knew their actions were intentional and that they knew their actions could cause death or serious injury. Here are some examples of second degree murder:
- The defendant fires a weapon into a crowd with no intention to kill anyone, but somebody dies anyway. Because a reasonable person would know that firing randomly into a crowd could seriously injure or kill someone, this is second degree murder.
- The defendant shoots at someone, meaning only to startle or injure, not to kill, but the victim dies. Because it is an obvious risk to someone reasonable, this is second degree murder.
- The defendant committed a dangerous felony, and someone was killed in the process (whether by the defendant’s hand or not); this is second degree felony murder.
- The defendant delivers a powerful blow to someone’s head, and the person dies from the head injury. Whether the intention was to kill them or not, this is second degree murder.
- The defendant has been charged with multiple DUIs, and one day while driving drunk caused a fatal accident.
All of these would be textbook California second degree murder charges.
Penalties for Second Degree Murder in California
Second degree murder is a felony in California, and the penalty is state prison sentences of at least 15 years to life. As a number of circumstances may be charged as second degree murder in California, sentencing is decided on a case-by-case basis depending on the severity of the circumstances.
The law provides for the following circumstances:
- If the defendant has prior murder convictions – they will receive a life sentence with no possibility of parole
- If the defendant killed a peace officer – they will receive a sentence of 25 years to life
- If the defendant intentionally killed a peace officer or intended to cause serious injury – they will receive a life sentence with no possibility of parole.
What Is the Difference Between First Degree Murder and Second Degree Murder in California?
First, let’s discuss California law’s definition of murder, as the prosecutor must prove that the defendant committed murder before they can prove first or second degree murder.
Murder is an act that causes the death of a person or a fetus if that act was committed intentionally and there was no legal justification like self-defense for their actions.
California law defines first degree murder as a murder where the defendant:
- Lies in wait for their victim
- Deliberately murders someone and planned it in advance
- Directly killed a person while committing a felony (first-degree felony murder)
- Tortures someone and kills them (Penal Code 206)
- Uses a deadly weapon of mass destruction like an explosive device or mass poison
The penalty for first degree murder in California will depend on the circumstances. The most severe penalty is a death sentence, but the defendant may receive state imprisonment for 25 years to life or life without parole.
What Are the Defenses For Second Degree Murder in California?
A defendant has a number of defenses they can use for second degree murder charges. They should discuss their options with their criminal defense lawyer, as they will need to show evidence to prove their defense.
One of the most common defenses is that the death was an accident. The defendant must prove that either they had no criminal intent or intent to cause any harm to the victim, that they were engaged in lawful activities at the time of the death, or that their actions were not negligent.
Other defenses to second degree murder in California are:
- The defendant was legally insane at the time of the murder – they will need a psych evaluation and witness statements to prove this
- The defendant was acting in self-defense when they killed the victim
- The defendant’s arrest or confession was unlawful – a coerced confession or an illegal search and seizure.
The criminal defense attorney will discuss possible second degree murder defenses and how they may benefit your case.