Murder Attorney in Monterey County

Immediate Defense for California Murder Charges

A murder allegation demands immediate attention from attorneys who understand California homicide law and proceedings in Monterey County Superior Court. The Worthington Law Centre represents people charged with murder throughout Monterey County, California.

We provide personalized guidance from the initial investigation through court proceedings, examining the specific allegations, the prosecution’s theory, and available paths for the defense.

Call (831) 704-1852 for a free initial consultation with our murder defense attorneys.

How California Law Defines Murder

California Penal Code section 187(a) defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. This required mental state may be alleged through an intent to kill or conduct showing conscious disregard for human life. The prosecution must prove each element beyond a reasonable doubt.

The charged degree depends on the facts and legal theory alleged. First-degree murder includes premeditated killings and certain killings committed during felonies. Premeditation means the prosecution alleges that the killing was considered beforehand, though the analysis doesn’t depend only on how much time passed.

Second-degree murder generally lacks premeditation but still requires proof of malice aforethought. The distinction between murder and manslaughter depends on the facts and legal elements, including whether malice is alleged. Assessing a possible lesser charge requires reviewing the evidence and the prosecution’s theory.

Potential Sentences for a California Murder Conviction

Sentencing exposure depends on the degree of murder and any additional allegations. A conviction in the first degree is punishable by 25 years to life in state prison. A second-degree murder conviction carries 15 years to life, although the final sentence depends on the conviction and legally applicable circumstances.

First-degree murder with special circumstances can be punished by life in prison without the possibility of parole or by the death penalty under California law. Special circumstances are statutory allegations tied to specified facts surrounding the offense. Governor Gavin Newsom announced a moratorium on executions in 2019, but the death penalty remains part of California law.

Felony Murder Under Senate Bill 1437

Felony murder is a theory that can impose liability for a death occurring during certain felonies. Senate Bill 1437 took effect on January 1, 2019, and amended California Penal Code sections 188 and 189 to limit when a person can be convicted under this theory.

A non-killer may face liability if that person aided the actual killer with intent to kill or was a major participant in the underlying felony who acted with reckless indifference to human life. Reckless indifference involves knowingly disregarding a grave risk to human life. The analysis depends on the person’s alleged role, intent, and participation in the underlying felony.

Some eligible defendants with prior murder convictions may seek to have the conviction vacated and obtain resentencing through a California Penal Code section 1172.6 petition. Eligibility depends on the original theory of conviction and the statute’s requirements.