The prosecution is required to demonstrate specific elements for a conviction in a homicide case. Section 187 of the California Penal Code defines murder and lists the elements of the crime. For the defendant to be convicted, the prosecution must prove that they:
- Committed an act that caused the death of another person
- Killed without a lawful excuse or justification
- Acted with malice
The element of malice is perhaps the trickiest of the three. There are two kinds of malice – express malice and implied malice.
If the defendant acted with express malice, they intended to kill the victim. For example, if a man and woman are arguing at a party and the woman picks up a gun off the table and shoots the man, she would be found to have acted with express malice – she clearly intended to kill the victim.
Usually, a murder committed with express malice is charged as a first-degree murder. A conviction for first-degree murder can result in a prison sentence of 25 years to life.
When a murder is committed with implied malice, it is not intentional or premeditated. Rather, the defendant knew their actions constituted a “conscious disregard for human life” and proceeded anyway.
An example of murder with implied malice would be a person with a concealed carry weapons license brandishing a gun in a crowded nightclub. If the gun goes off and kills someone, the gun owner may face a charge of murder with implied malice.
Murder with implied malice is often charged as second-degree murder. If convicted, offenders face up to 15 years in prison and a maximum fine of $10,000.
Besides second-degree murder, there is an additional 187 murder charge with the element of implied malice – Watson murder. A person is charged with Watson murder if they killed someone while driving under the influence, their behavior demonstrated a “wanton disregard” for human life, and they were especially aware of the risks created by their conduct.
Most commonly, a person is charged with Watson murder if they have a previous DUI conviction. The crime is also frequently charged if the defendant’s profession makes them especially familiar with the risks of DUI, such as a police officer, and the recklessness of the defendant’s behavior.
Watson murder is charged as second-degree murder and carries harsh penalties, including: 15 years to life in California state prison, a maximum fine of $10,000, and a strike on the defendant’s criminal record under California’s “Three Strikes” Law.
