First or Second Degree Murder with Malice Aforethought | Penal Code § 187

Description

The crime of Murder with Malice Aforethought is the unlawful killing of a human being, or a fetus, when there is a manifested unlawful intention or premeditation. The conditions of a lawful abortion do not apply. The mental state of malicious aforethought does not require hatred of or ill will toward the person killed. Examples of Murder with Malice Aforethought are inviting a victim to an event with the intention of murder or the construction of torture devices with the intent of murder or the Stalking of a victim prior to commission of murder.

What does the prosecutor have to prove?

1. A human being or a fetus was killed.
2. The killing was unlawful.
3. The killing was done with malice aforethought, being premeditated and deliberate.
4. The killing occurred during the commission or attempted commission of a crime, a crime inherently dangerous to human life. [Cal Crim No. 520]

Punishment

Felony: 25 years – Life
With probation 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	Yes
Is this charge a “serious felony”	Yes
Is this charge a “violent felony”	Yes
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	Yes
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No