Defense attorneys use self-defense and heat of passion strategies to argue for the defendant, being threatened by the victim or provoked by words or situations. They can also prove the insanity or mental instability of the accused person based on psychiatric and medical records, as well as the involvement of a third party by challenging the felony-murder rule.
Key Takeaways
- Attorneys build the case, based on self-defense or defense of others, as a crime was committed.
- Reduced to second-degree murder based on People vs. Anderson 1972 case – no motive or impulsive attack.
- Attorneys challenge the felony-murder rule or prove the crime was committed only after being provoked.
- Proving insanity or mental instability via verified evidence is a popular strategy.
First-degree murder in California, as explained under Penal Code 187 PC, is the unlawful killing of a person/fetus with malicious intent – deliberate, willful, and premeditated. Defense strategies used in such high-stakes cases mostly focus on negating specific key elements, like premeditation or intent, or justification of the act.
Here, we explore 5 most common strategies used in California by defense lawyers.
1. Self-Defense or Defense of Others
This is the first and foremost strategy used by defense lawyers, as they argue that the defendant or someone from the surroundings faced an imminent death threat or bodily harm.
Here are the two types of self-defenses used by murder defense attorneys in California.
- Perfect self-defense constitutes a complete defense – it leads to an acquittal. It applies when the accused person reasonably believed that they were in immense danger and defended themselves.
- Imperfect self-defense is applied when the accused one honestly believes the potential danger, but their belief is not reasonable under the circumstances. It does not exonerate the accused one but can reduce the murder charge to voluntary manslaughter, since it negates the “malice” element required for a murder.
| Feature | Perfect Self-Defense | Imperfect Self-Defense |
| Belief in Danger | Reasonable & Honest | Honest but Unreasonable |
| Legal Outcome | Full Acquittal (Not Guilty) | Reduction to Voluntary Manslaughter |
| Malice | Negated | Negated |
Table: Perfect vs. imperfect self-defense in CA
2. Negating Premeditation and Deliberation
This is one of the primary strategies to avoid a first-degree conviction, and defense attorneys argue for an impulsive killing, but not a planned one. Reducing the charge to second-degree murder leads to a lesser sentence- 15 years to life, instead of 25 years to life.
California courts refer to the People v. Anderson 1972 case to determine whether the murder was premeditated or not. A murder defense attorney argues against these 3 categories of Anderson evidence.
- No prior activities that indicate a designed plan, involving staking out the location, purchasing weapons, or an escape plan.
- No significant or well-documented motive to murder the victim.
- A chaotic or impulsive attack, rather than calculated and precise action, or a carefully executed and methodical attack
3. Heat of Passion (Provocation)
The criminal attorneys in Van Nuys, CA, argue for the defendant based on provocation, which made them act rashly and be driven by intense emotions, without any thought of consequences. It negates the malice aforethought required for murder, if successful, and the crime is reduced to voluntary manslaughter.
Here are some key aspects you should know about this strategy:
- The provocation must be triggered by circumstances that can only cause a reasonable belief of conducting an act like murder.
- The defense lawyer needs to prove the out-of-control state of the defendant, and that the murder was solely driven by impulsive thoughts.
- The murder must occur immediately during the provocation. If the accused had time to argue or any reason to return, the defense does not apply.
4. Challenging the Felony-Murder Rule
Taking effect on January 1, 2019, the felony-murder law of California was reformed by Senate Bill 1437. This legislation was exclusively designed to ensure the imposition of murder liability, following individual culpability.
Murder defense attorneys argue for the defendant, highlighting them as not being a “major participant” in the case, or being indifferent to human lives during burglary or robbery.
Here are some key aspects of this defense strategy:
- Your lawyer may argue that the death was not a direct result of the felony, but rather occurred after or before, which was not a foreseeable consequence.
- The attorney may also argue that the death was not caused by any co-felon, but rather it involves a third-party.
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5. Capacity to Form Intent
Under Penal Code Section 28(a), the defense attorney needs to prove insanity or mental issues, due to which the accused cannot distinguish between right and wrong in the moment of the murder. Under the M’Naghten test used in California, this is a major legal strategy. This strategy heavily relies on medical records and testimony from an expert. Through this, the attorney can negate the specific intent, which is required for first-degree murder.
Here are two key aspects of this strategy:
- Bifurcated Trial: The case is divided into two parts – guilt phase and sanity phase. First, the court determines if the defendant is accused, followed by the second phase where the defendant’s legal sanity is determined.
- Psychiatric and Medical Evidence: Attorneys should present substantial psychiatric and medical evidence. In this regard, the court often asks for multiple forensic experts to evaluate the mental state at the time of murder.
Charged with First Degree Murder? Contact a Defense Lawyer Now.
Defense lawyers in California will create a defense strategy based on the charges brought and the actual circumstances of the event. Get in touch with a reputed law firm without delay.
