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I Am Being Charged With Murder In San Diego, What Do I Do? - P.C. 187(a); P.C. 189; P.C. 190(a)

By Walin & Klarich

If you are being charged with murder in San Diego, it is important to know what legal consequences you may be facing. Under California law, murder is the unlawful killing of another human being with malice aforethought.? (P.C. § 187(a))? First degree murder exists when a person commits murder with premeditation and deliberation or under certain circumstances such as by poison or during a drive-by shooting. (P.C. § 189) To convict a defendant of murder, the prosecution must show that the defendant committed an unjustifiable homicide with "malice aforethought."? Malice aforethought is a mental state that exists when the defendant had a conscious intent to cause death or great bodily harm, willfully acted with disregard of danger to another human life, or when the homicide happened during the commission of an inherently dangerous felony...continue to full post

Full post as published by Southern California Criminal Defense Blog on January 27, 2011 (boomark / email).