Murder Under California Law

Under California Law, Murder is defined as the unlawful killing of a human being, or a fetus, with what the law calls "malice."  "Malice" generally means that the killing occurred intentionally or deliberately and can be found where the killing was done without a lot of provocation.

Degrees of Murder

Murder in the first degree includes all murders that are either premeditated, committed using explosives, armor piercing bullets, committed during the commission of certain other felonies or by means of a drive-by shooting amongst others.  All other murders are second degree murder.  First degree murder however can be charged in certain cases in which an individual involved in an accident kills a person while driving under the influence.  The penalties for first degree murder include the death penalty, life in prison without parole, or a sentence of 25 years to life.