PC 187 murder defense law firm Los Angeles County
A murder arrest changes your life immediately, but an arrest is not a conviction. If you are searching for a PC 187 murder defense law firm Los Angeles County, protect your right to remain silent and get counsel involved before investigators define the case. I am Bobby Shamuilian, J.D., Founding Attorney at My Rights Law Criminal Defense and DUI Lawyers. Our defense team handles serious California criminal matters with urgency, preparation, and direct communication.
Key Takeaways
- Being arrested for murder does not mean you will be convicted of the crime.
- You must exercise your right to remain silent until legal representation is present.
- Bobby Shamuilian, J.D. leads our defense team with a focus on urgent and thorough case preparation.
- Early intervention by skilled attorneys prevents investigators from controlling the narrative.
- Our firm provides direct communication to handle serious criminal matters effectively.
Do not explain the incident to detectives without counsel. Statements, phone records, surveillance footage, forensic testing, witness interviews, and charging documents can shape the case from the first hours. If a loved one is in custody, ask about the arrest location, booking status, bail hold, next court date, and whether detectives are requesting an interview. Early legal action can affect bail, evidence preservation, and the prosecution’s charging theory.
What is PC 187 murder defense law firm Los Angeles County?
A PC 187 murder defense law firm Los Angeles County represents people accused under California Penal Code § 187. The prosecution must prove an unlawful killing and malice aforethought beyond a reasonable doubt. Counsel investigates intent, identity, causation, self-defense, accident, forensic evidence, witness reliability, and police conduct before deciding which defense motions and trial strategies fit the facts.
California Penal Code § 187 is California State Law. A charge under that statute proceeds in a California Superior Court, not under Federal Law. Federal homicide offenses arise under the United States Code and proceed in the U.S. District Court for the Central District of California. The two systems have different statutes, procedures, charging decisions, and sentencing rules.
“Malice aforethought” does not require proof that someone planned a killing weeks in advance. Express malice generally involves an intent to kill. Implied malice may involve conduct showing conscious disregard for human life, including the theory discussed in People v. Watson. The prosecution’s interpretation is not the final word. A defense investigation tests whether the evidence actually proves each element.
California PC 187 Charge Overview
- Charge name: Murder
- Code section: California Penal Code § 187
- Potential penalty: Under Penal Code § 190, second-degree murder generally carries 15 years to life, while first-degree murder generally carries 25 years to life, depending on judicial discretion and criminal history.
- Defense focus: Intent, malice, identity, causation, self-defense, accident, forensic evidence, witness credibility, and lawful evidence collection.
How does focused murder defense counsel help in Los Angeles County?
Focused homicide counsel brings structure to the first court deadlines and evidence decisions. At arraignment, the court addresses the accusation, custody, and bail. California Penal Code § 825 generally requires a person arrested without a warrant to be brought before a magistrate without unnecessary delay, subject to statutory exceptions. For an in-custody defendant, Penal Code § 859b generally addresses the preliminary-hearing deadline, including 10 court days after arraignment and applicable exceptions.
Those deadlines matter at the West Justice Center in Westminster, the downtown Los Angeles criminal courts, and other Los Angeles County Superior Court locations. The defense may need to request discovery, preserve witness testimony, seek bail review, inspect the arrest records, and prepare for a preliminary hearing while the prosecution is still developing its theory.
Evidence also has to be obtained lawfully. A motion under Penal Code § 1538.5 may seek suppression of evidence obtained through an unlawful search or seizure. A Pitchess motion may request relevant personnel records concerning an officer’s alleged dishonesty, excessive force, or misconduct. A Serna motion may address a violation of speedy-trial rights. If prior qualifying strikes affect sentencing, a Romero motion may ask the court to dismiss a prior strike under People v. Romero. Each motion depends on the evidence and the governing law; none creates an automatic result.
What Early Defense Analysis Can Change
A murder allegation is not always the only legally supported charge. Penal Code § 192 distinguishes voluntary and involuntary manslaughter from murder. Voluntary manslaughter may involve imperfect self-defense or legally recognized provocation; involuntary manslaughter involves circumstances defined by the statute. The defense may also examine accident, lack of malice, mental state, causation, and whether another person’s conduct contributed to the death.
Participation theories require separate analysis. Penal Code § 31 addresses principals, including people alleged to have aided and abetted an offense. Penal Code § 182 governs conspiracy allegations. A person’s presence, relationship, or association does not by itself establish every element of either theory. The prosecution must connect the evidence to the charged conduct and required mental state.
Felony-murder allegations also require careful review. Penal Code § 189 identifies first-degree murder categories and limits felony-murder liability under current California law. Senate Bill 1437, effective January 1, 2019, narrowed liability for some participants who did not kill, intend to kill, or meet specified statutory conditions. Senate Bill 775, effective January 1, 2022, expanded related resentencing relief for some people whose convictions or pleas rested on theories later restricted by law. Eligibility depends on the charging document, plea record, conviction, conduct, and applicable resentencing procedure.
How should you choose PC 187 murder defense counsel in Los Angeles County?
Choose counsel who can explain the charge, investigate before assumptions harden, and prepare for both litigation and trial. Ask whether the attorney regularly handles California Penal Code §§ 187, 189, and 190, and whether the team can respond before the prosecution’s theory becomes fixed. The first meeting should address the alleged degree of murder, Penal Code § 190.2 special-circumstance allegations, Penal Code § 12022.53 firearm enhancements, custody status, bail, and the next court date.
Ask how the investigation will proceed. A serious defense may require review of police reports, 911 recordings, body-camera footage, surveillance video, autopsy findings, DNA evidence, ballistics, phone data, witness statements, and medical records. The defense should test identity, causation, intent, malice aforethought, credibility, and chain of custody. If police searched or seized property, counsel should assess a Penal Code § 1538.5 motion. If an officer’s honesty or conduct is disputed, a Pitchess motion may be appropriate.
Confirm that counsel understands the California court process. A PC 187 case proceeds under California State Law in a Superior Court. A federal homicide case is different: it proceeds under the United States Code in the U.S. District Court for the Central District of California, including the Federal Courthouse on 1st Street when assigned there. Do not assume that experience in one system automatically establishes experience in the other.
Ask who will handle the arraignment, bail hearing, discovery, preliminary hearing, expert witnesses, suppression litigation, and trial preparation. Clear communication matters when a family is waiting for information. Every case is unique. This is a general framework. To get a specific strategy for your situation, contact us 24/7.
References
- California Penal Code Section 187: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=187
- Cornell Law School Wex, Murder: https://www.law.cornell.edu/wex/murder
- Murder (United States law): https://en.wikipedia.org/wiki/Murder_(United_States_law)
Frequently Asked Questions
What does California Penal Code 187 say in plain English?
California Penal Code 187 defines murder as the unlawful killing of a human being, or fetus, with malice aforethought. The prosecution must prove each required element beyond a reasonable doubt in California Superior Court. Express malice generally involves an intent to kill. Implied malice may involve conduct showing conscious disregard for human life, as discussed in People v. Watson. The defense examines intent, causation, identity, physical evidence, witness reliability, and whether law enforcement obtained evidence lawfully.
How do prosecutors prove malice aforethought?
Prosecutors may rely on statements, conduct before and after the incident, weapon evidence, forensic findings, digital records, and witness testimony to argue malice under Penal Code 187. No single fact automatically establishes malice. The defense can challenge the interpretation of those facts, present accident or self-defense evidence, dispute causation, or show that the evidence supports manslaughter under Penal Code 192 rather than murder. A lawyer should assess the complete record before accepting the prosecution’s characterization.
What is the difference between first-degree and second-degree murder?
Penal Code 189 identifies first-degree murder categories, including certain killings committed through listed methods and specified felony-murder circumstances. Other murder may be prosecuted as second-degree murder. Under Penal Code 190, second-degree murder generally carries 15 years to life, while first-degree murder generally carries 25 years to life. Special-circumstance allegations under Penal Code 190.2 can expose a defendant to life without parole or a death verdict. The charging document and evidence must be reviewed separately.
How does murder differ from manslaughter?
Murder under Penal Code 187 requires malice aforethought. Voluntary manslaughter under Penal Code 192 may apply when an unlawful killing occurs without malice in circumstances involving legally recognized provocation or imperfect self-defense. Involuntary manslaughter concerns a killing without malice in circumstances defined by Penal Code 192. The sentencing consequences differ substantially, so evidence about fear, threats, medical conditions, intoxication, timing, and the defendant’s mental state can matter.
What is the felony-murder rule, and how did SB 1437 change it?
Penal Code 189 addresses felony-murder liability in California. Senate Bill 1437, effective January 1, 2019, narrowed liability for some participants who did not kill, intend to kill, or meet specified statutory conditions. Senate Bill 775, effective January 1, 2022, expanded related resentencing relief for certain people who entered pleas under theories later restricted by law. Eligibility depends on the charging papers, plea record, conduct, conviction, and applicable resentencing procedure. Federal homicide law is separate and arises under the United States Code in federal court.