Murder

In general terms, murder means taking the life of another person. However, the specific crime with which a defendant can be charged varies significantly because under California law there are a number of degrees of murder ranging from attempted murder to first degree murder. California law actually has three broad categories of murder, each with multiple sub-categories.

• First Degree Murder
• Second-Degree Murder
• The Felony Murder Rule

First-Degree Murder

Murder in the first degree involves the premeditated killing of another person. Under certain circumstances, the prosecution may seek the death penalty for a first-degree murder. You can be convicted of first-degree murder if:

You committed a murder:
using a destructive weapon or explosive, a weapon of mass destruction, ammunition primarily designed to penetrate metal or armor, or poison; or
by lying in wait for someone or inflicting torture
by a killing that was willful, deliberate, and premeditated; or
if someone dies while you are committing certain felonies (described under the Felony Murder Rule).
<;br />A capital murder is one in which the prosecution may seek either the death penalty or life in prison without the possibility of parole and can be charged whenever there is a murder with special circumstances such as:

• a murder involving more than one victim
• murdering someone for financial gain
• murdering a police officer, firefighter, prosecutor, judge, juror, or elected official
• murdering a person because of their race, color, religion, nationality, or country of origin
• murdering someone while discharging a firearm from a motor vehicle
• murdering someone for the benefit of a gang
• murdering a witness to prevent them from testifying
• certain felony murder situation

Second-Degree Murder

Generally, a second-degree murder is a murder in which the killing was willful but not deliberate and premeditated. This could include actions such as shooting a gun into a crown or driving while under the influence and causing a death.

Felony Murder Rule

Under California law the felony murder rule can apply to both first and second degree murders. Essentially, the crime sets up liability for deaths which happen during the commission of a dangerous felony. The murder need not be intentional, even a negligent or unforeseeable death may qualify.

The first-degree felony murder rule only attaches to specific underlying felonies which are:

• Arson
• Robbery
• Burglary
• Carjacking
• Train Wrecking
• Kidnapping
• Mayhem
• Torture
• Sex Crimes such as rape, forced oral copulation, forced penetration, and lewd acts with a minor

The second-degree felony murder rule can attach to any underlying felony which is both inherently dangerous and not specifically listed under the first-degree rules (see above).

The general elements of any murder are:

1. Committing an act that results in the death of another person or a fetus
2. Committing that act with malice aforethought, and
3. That the killing was without lawful excuse or justification.

Getting Legal Advice

As you can see from the above material, a murder charge under California law can involve a lot of complex factors and the penalties differ substantially. If you have been charged with any type of murder you are strongly advised to seek legal counsel immediately to protect your rights.

Evading Arrest

Reflecting on the astonishing tragedy surrounding the rampage of former LAPD officer Christopher Dorner, my thoughts go out to the victims of Dorner’s rampage. In particular, I'm thankful for the heroic efforts of the officers who finally tracked Dorner down and ended his killing spree; even at the cost of an officer’s life, a risk our police forces willingly face every single day.

Evading Police

Given the drawn out nature of the week-long manhunt, I'm reminded of California’s web of Penal Codes designed to deter suspects from evading police; and punish those who do. Centered around section 148(a)(1) of the code, California’s resisting arrest laws are somewhat broader than most people may realize.

Under the Code, individuals are prohibited from resisting, delaying, or otherwise obstructing either a law enforcement officer or an emergency medical technician (EMT) who is performing his/her duty. While the common scenario involves physically resisting arrest in some way, the law also covers non-violent forms of obstruction and applies equally to suspects and the general public.

For example, attempting to interact with a suspect in a way that disregards the orders of a police officer might qualify, as would efforts to slow down an ambulance, attempts to hide your identity during a booking, or seeking to evade police during a pursuit. As these examples demonstrate, the law is rather broad. Generally, doing something that substantively impedes the work of a police officer or EMT may result in a violation of PC 148(a)(1) (though usually not merely disagreeing with an officer or even some amount of yelling back)

Specifically, the prosecution must prove that (1) there was police officer or emergency medical technician lawfully performing, or attempting to perform, his/her duty, (2) that the suspect willfully resisted, delayed, or obstructed that officer or EMT, and (3) that the suspect knew, or reasonably should have known, that the officer or EMT was engaged in those duties.

The primary components of the charge involve two things: the lawful execution of a duty by an officer or EMT and willful obstruction by a suspect. This leads to a couple of obvious defenses. The first is in the nature of self-defense. If an officer is using excessive force or otherwise making an illegal arrest (such as on false charges) you shouldn't be convicted for resisting the unlawful arrest. Second, merely accidently obstructing an officer doesn't qualify, the obstruction must be intentional.

Assaulting an Officer

While a violation of California’s resisting arrest law is only chargeable as misdemeanor, specific acts intended to disrupt the work of a police officer might qualify as a felony under related laws. The Penal Code has specific sections dealing with assaulting a police officer, taking an officer’s weapon during an arrest, obstructing the work of other Executive Officers (including police), filing false police reports, and giving false information to a police officer.  In addition, California’s vehicle code contains two specific prohibitions on using a vehicle to evade police pursuit.

Felony Murder

Finally, California’s Felony Murder rule might allow for a murder charge if someone dies while a suspect is engaged in any felony from the above list (for example during a felony high-speed chase); even if the death was the result of an unfortunate accident.

Protecting your rights

Despite the fact that many of the violations listed above do not qualify as felonies, it’s imperative that you take such charges seriously. If you are convicted of resisting arrest, your future encounters with law enforcement might be much more difficult. It’s understandable that officers will be more cautious (or aggressive) with someone who has a history of resisting arrest and you do not want to face unnecessary police action for the rest of your life. This is particularly true in situations where police are prone to utilize racial profiling or where an officer is inclined to exercise excessive force.

If you are charged with resisting arrest or any of the other crimes we've discussed above, it’s imperative that you seek immediate legal help. Contact a qualified attorney now to avoid jeopardizing your legal rights.