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