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Murder, PC 187, is the unlawful killing of another person with malice aforethought. This crime can be charged as first-degree or second-degree murder depending on the circumstances, and it carries the possibility of life in prison or even the death penalty.
A first-degree murder conviction is at least 25 years to life in prison, or LWOP (life without the possibility of parole) or even the death penalty if “special circumstances” are proved. Second-degree murder is 15 years to life or more, also depending on other factors. The penalties increase significantly if aggravating factors are involved, such as if a gun is used, a police officer is killed, or if the killing occurs during the commission of another felony (known as Felony Murder).
First-degree murder involves premeditation, while second-degree murder generally refers to intentional killings without premeditation. The distinction significantly impacts the severity of the sentence.
Aggravating factors such as lying in wait, murder of a police officer, murder by torture or bombing, killing done to silence a witness, or for financial gain, can lead to harsher penalties, including life without parole or the death penalty.
If the defendant can prove they acted in self-defense or defense of others, the charges may be reduced or lead to an acquittal.
Although laws have recently changed, a person can still be charged with murder if a death occurs during the commission of one of several felonies, even if the killing was accidental.
Proof of the defendant’s mental state is how malice aforethought is proved. It is also how a murder charge becomes the lesser offense of voluntary manslaughter which carries up to 11 years in prison, or involuntary manslaughter which carries up to 4.
Even if a defendant is eligible for parole, only about 10% of parole applications are granted and if denied, a convict must wait another 3 years to apply again.
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