Murder Charges in California – Bay Area Criminal Defense Lawyer

Expert Murder Defense When Your Freedom Is at Stake

When you or a loved one faces murder charges in California, the stakes could not be higher. At Ginny Walia Law Offices, based in the Bay Area and serving clients throughout Northern California, attorney Ginny Walia brings more than 20 years of criminal defense experience, focused on protecting the rights of individuals charged with serious felonies.

Whether you're in the East Bay (Pleasanton, San Ramon) or the South Bay (San Jose, Santa Clara County), we are your local Bay Area murder attorney—defending your freedom, your rights, and your future.

What Is "Murder" Under California Law?

In California, the killing of a person without lawful justification can lead to a murder charge under California Penal Code § 187(a) ("PC 187(a)"). To convict for murder rather than a lesser homicide (such as manslaughter), the prosecutor must typically prove:

1. An unlawful killing of a human being or a viable fetus (unless legally justified).
2. Malice aforethought — meaning the killing was committed with express or implied malice.

Unlawful Killing

Unlawful killing means the act was not legally justified (for example, self-defense may justify a killing).

Malice Aforethought

Malice aforethought can take two forms:

• Express malice – a deliberate intent to kill.
• Implied malice – a killing resulting from an act intentionally dangerous to human life and showing a conscious disregard for life.

Thus, if someone acts in a way they know is dangerous to life and consciously disregards that risk, the state may show implied malice and charge murder.

Degrees & Types of Murder in California

First-Degree Murder

Under PC 189 and PC 190, a first-degree murder charge applies when certain special circumstances or methods exist. Examples include:

• A willful, deliberate, premeditated killing
• Lying in wait
• Torture
• Use of poison
• Discharging a firearm from a vehicle with intent to kill
• Killing occurs during the commission or attempted commission of certain felonies (arson, rape, robbery, burglary, etc.)

Second-Degree Murder

A second-degree murder charge covers killings that are intentional and with malice but do not meet the more specific criteria for first-degree murder.

Standard penalty: generally 15 years to life in state prison. But certain enhancements or specific aggravating circumstances (for example, killing a peace officer or a drive-by shooting) can raise the term to 20 years to life or more.

Felony-Murder Rule

Under California's modified "felony-murder" rule (PC 189), a person can be charged with murder if a killing occurs during the commission or immediate flight of an inherently dangerous felony — but only under more limited conditions after the reform of Senate Bill 1437.

To apply, one of the following must apply:

• The defendant directly killed someone.
• The defendant aided and abetted the actual killer with intent to kill.
• The defendant was a major participant in the underlying felony and acted with reckless indifference to human life.

Key Elements the Prosecution Must Prove

For a murder prosecution in California, the state must establish beyond a reasonable doubt:

• That a human being was killed.
• That the killing was unlawful (i.e., not justified or excused).
• That malice aforethought (express or implied) existed.
• For first-degree murder, that the killing meets the additional criteria (premeditation, lying in wait, during certain felonies, etc.).
• In felony-murder cases, the special requirements under SB 1437 (aided/abetter intent, major participant + reckless indifference, etc.).

Penalties & Consequences – What You're Facing

When you or a family member is charged with murder, the consequences are life-altering. Key penalties for California murder include:

• First-Degree Murder: 25 years to life, life without parole (LWOP), or death penalty (in extremely severe "special circumstances" cases) under PC 190.
• Second-Degree Murder: Typically 15 years to life in state prison; with enhancements 20 years to life or more.
• Gun-use enhancements: Additional 10, 20 or 25 years to life may be added if a firearm was used in commission of the murder.
• "Three Strikes" implications: A murder conviction triggers the California "Three Strikes" law, which means subsequent serious felony convictions carry much harsher penalties.
• Collateral consequences: Loss of civil rights (e.g., firearm possession prohibited), potential for wrongful-death civil lawsuits by victim's family, lifelong stigma.
• Resentencing eligibility: If convicted under older versions of the felony-murder rule, you may now be eligible to petition for relief.

Because of these high stakes, having a skilled Bay Area criminal defense lawyer is critical.

Common Defenses in California Murder Cases

While murder charges are serious, there are several defense strategies that a seasoned Bay Area murder attorney like Ginny Walia may use:

• Self-defense or defense of others – If the defendant reasonably believed they or another were facing imminent harm or death, deadly force may be justified. See PC 197 for some defenses for homicide.
• Imperfect self-defense – If the defendant believed deadly force was necessary but that belief was unreasonable, it may reduce murder to voluntary manslaughter.
• Lack of malice/intent – For example, a fatal accident (no intent or conscious disregard) may reduce the charge to manslaughter.
• Mistaken identity or alibi – Arguing the defendant was not the killer or was wrongly identified.
• Insanity/mental defect – Under California law, if the defendant was unable to understand the nature of the act or distinguish right from wrong, an insanity defense may apply.
• Challenging the evidence – Suppressing illegally obtained evidence; attacking forensic evidence; proving police error or misconduct.
• Felony-murder reform relief – If convicted under an older felony-murder law the defendant may petition under PC 1172.6 to vacate the murder conviction.

At Ginny Walia Law Offices we analyze every angle of your case to pursue the best possible outcome — including plea negotiations, reduction to manslaughter, or total dismissal when appropriate.

Why Choose a Bay Area Lawyer for Murder Charges Near Me?

When you search for terms like "murder lawyer near me," "Bay Area murder attorney," or "criminal defense lawyer East Bay," you want a firm with:

• Local experience in Alameda County, Contra Costa County, Santa Clara County and the Bay Area circuit.
• Focus on serious felonies – murder, homicide, firearms offenses.
• Track record in trial advocacy and plea negotiation.
• Understanding of California's evolving murder laws, including SB 1437, PC 1172.6, sentencing enhancements and resentencing eligibility.
• Accessible support for you and your family as you navigate this life-changing process.

At Ginny Walia Law Offices we welcome immediate contact if you're facing a murder charge — time is of the essence.

San Ramon/East Bay & South Bay Offices

Call us today for a confidential consultation. The sooner we start, the better your chance for a favorable outcome.