Degrees of Homicide Explained: First-Degree vs. Second-Degree Murder

When people hear “murder,” they might assume every case carries the same legal weight. But under California homicide law, there are distinct degrees of murder, and the consequences for a conviction differ dramatically. Understanding first-degree murder vs. second-degree murder is crucial when you’re facing charges.

Degrees of Murder Charges

California recognizes two principal degrees for murder. First-degree murder covers the most aggravated killings: those that are willful, deliberate, and premeditated. In other words, the offender thought about and planned the murder. A first-degree murder charge can also arise from killings that occurred during the commission of certain inherently dangerous felonies.

Second-degree murder includes all murders committed with malice aforethought but not premeditation.

Essentially, it is any killing that does not meet first-degree criteria.

First-Degree Murder

California Penal Code § 189 defines first-degree murder in several ways. A prosecutor may prove it by showing a willful, deliberate, and premeditated intent to kill. Alternatively, if a killing occurs during arson, robbery, burglary, rape, kidnapping, carjacking, or other listed felonies, it automatically becomes first-degree murder under California’s felony murder rule. Killings by destructive device, poison, lying in wait, or drive-by shooting also qualify.

The penalties for a first-degree murder conviction are among the most severe in California. California Penal Code § 190 authorizes 25 years to life, life without parole, or even the death penalty in a statutory special circumstance (e.g., multiple victims or the killing of a peace officer). Currently, there is a moratorium on capital punishment in California. However, people can still be sentenced to death.

Second-Degree Murder

Second-degree murder is “everything else” that still involves malice aforethought but lacks the aggravating factors for a first-degree murder.

Malice may be express (e.g., an intent to kill) or implied (e.g., intentional act, natural consequences dangerous to life, and conscious disregard for that danger). Driving 100 miles per hour through a crowded city street without specifically targeting anyone is one example of implied malice aforethought.

Although milder than first-degree murder penalties, potential sentences are still harsh. A second-degree murder charge generally carries 15 years to life, rising to 25 years to life if the victim is a peace officer or if other enhancements apply.

First- vs. Second-Degree Murder: Key Distinctions

Here are the key distinctions between first- and second-degree murder in California:

• Premeditation and deliberation – First-degree murder requires proof that the defendant weighed the decision to kill. Second degree does not.
• Felony murder – Participation in certain felonies elevates a killing to first-degree murder.
• Means of killing – Poison, bombs, and lying in wait place the crime squarely in the first degree.
• Punishment range – First-degree murder carries 25 years to life, up to death. Second-degree murder punishments start at 15 years to life.
• Parole eligibility – First-degree offenders wait longer to seek parole, and life without parole sentences are common.

Why You Need a Homicide Defense Attorney

Facing a murder allegation means every word you say — and every answer you don’t give — matters. An experienced homicide defense lawyer will:

• Examine whether the prosecution can prove premeditation or the underlying felony
• Challenge the evidence when an act was reckless but not intentionally fatal
• File motions to exclude unreliable identifications, coerced statements, and illegally seized evidence
• Present affirmative defenses such as self-defense, accident, insanity, and lack of causation
• Negotiate for reduced charges or sentencing alternatives when available.

Early intervention can mean the difference between a second-degree offer and a first-degree trial — or even between freedom and life without parole.

Contact a Knowledgeable Murder Defense Attorney Today

The Law Offices of Justin E. Sterling has defended homicide cases for more than two decades. In one notable case, he successfully had a murder charge — one that could have resulted in a life sentence —dismissed in exchange for a plea deal to manslaughter and a three-year sentence. Results may vary depending on the specifics of each case, but this outcome reflects our firm’s work ethic and our commitment to achieving favorable results for every client.

When you need a tough criminal defense lawyer on your side, call or contact The Law Offices of Justin E. Sterling for a free consultation.