Call Today 888.316.9513 9595 Wilshire Boulevard Suite 900, Beverly Hills, CA 90212
Understanding California State Crimes Providing the Penal Code for Access to Important Information

Murder, Penal Code 187

If you have been charged with Murder, contact Los Angeles Criminal Defense Attorney, Robert M. Bernstein at (888) 316-9513 today.


Murder

Penal code § 187.
(a) Murder is the unlawful killing of a human being, or a
fetus, with malice aforethought.

(b) This section shall not apply to any person who commits an act resulting in the death of a fetus if any of the following apply:
(1) The act complied with the Therapeutic Abortion Act, Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code.
(2) The act was committed by a holder of a physician's and surgeon's certificate, as defined in the Business and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where her death from childbirth, although not medically certain, would be substantially certain or more likely than not.
(3) The act was solicited, aided, abetted, or consented to by the mother of the fetus.
(c) Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other provision of law.

188. Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied, when no considerable
provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. When it is shown that the killing resulted from the intentional doing of an act with express or implied malice as defined above, no other mental state need be shown to establish the mental state of malice aforethought. Neither an awareness of the obligation to act within the general body of laws regulating society nor acting despite such awareness is included within the definition of malice.

189. All murder which is perpetrated by means of a destructive device or explosive, a weapon of mass destruction, knowing use of ammunition designed primarily to penetrate metal or armor, poison,
lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration of, or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or any act punishable under Section 206, 286, 288, 288a, or 289, or any murder which is perpetrated by means of discharging a firearm from a motor vehicle,
intentionally at another person outside of the vehicle with the intent to inflict death, is murder of the first degree. All other kinds of murders are of the second degree.

As used in this section, "destructive device" means any destructive device as defined in Section 12301, and "explosive" means any explosive as defined in Section 12000 of the Health and Safety
Code. As used in this section, "weapon of mass destruction" means any item defined in Section 11417. To prove the killing was "deliberate and premeditated," it shall not be necessary to prove the defendant maturely and meaningfully reflected upon the gravity of his or her act.

Success in the Courtroom

Look Through Some of Our Recent Case Results
  • Not Guilty at Trial In Federal Court, Our Client was facing 8-14 Months in Federal Prison for Insurance Fraud. Not Guilty at Trial
  • Probation Our Client was Facing 20 Years in Prison for Cocaine Poss. with Intent to Sell. Received Probation.
  • All Charges Dismissed Our client Facing 8 Years in Prison for Burglary, Grand Theft with the Loss in Excess of $100,000. All Charges Dismissed.
  • Case Dismissed Our Client out of Beverly Hills Court Faced up to 18 Years in Prison if Convicted of Molestation / Lewd Conduct. Case Dismissed.
  • Not Guilty at Trial Our Client was Facing 12 Years in Prison for Possession of Methamphetamine for Sale, Poss. of Cocaine for Sale. Not Guilty
  • No Charges Filed Our Client was Facing 12 Years in Prison for Rape. No Charges Filed.
  • Case Dismissed - Illegal Search Our Client was Facing 120 months (10 years) in Federal Prison for Narcotics Trafficking. Case Dismissed - Illegal Search.
  • Case Dismissed Our client was Facing 15 to Life in Prison for Armed Robbery with a Fire Arm. Case Dismissed.
  • 7 Years' Probation with Community Service Our Client was Facing 18 Years in State Prison for Manufacturing a Controlled Substance, Poss. of Marijuana for Sale
  • Not Guilty at Trial Our client was Facing 18 Years in State Prison on 7 Counts of Armed Robbery. Not Guilty at Trial

Contact Our Firm Today

All Consultations Are Free and Confidential
  • Please enter your name.
  • This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.