Charged with Second-Degree Murder (Penal Code § 189(b)) in California?

Second-degree murder charges in California represent one of the most serious criminal allegations a person can face, with severe penalties that can dramatically alter the course of your life. While not as heavily penalized as first-degree murder, a conviction still carries decades in prison and creates lasting consequences that extend far beyond incarceration.

At David P. Shapiro Criminal Defense Attorneys, we’ve helped numerous clients in San Diego and Chula Vista facing homicide charges. This guide explains what you need to know about second-degree murder in California, including how it differs from first-degree murder, the penalties you face, and defense strategies that may help your case.

What is Second-Degree Murder Under California Law?

California Penal Code § 189(b) defines second-degree murder quite simply: “All other kinds of murders are of the second degree.” While this definition may seem unhelpfully vague, it essentially means that any murder that doesn’t qualify as first-degree murder is classified as second-degree murder.

To understand second-degree murder, we need to understand what makes a killing qualify as “murder” in the first place. Under California law, murder is the unlawful killing of a human being with “malice aforethought.” Malice aforethought comes in two forms:

1. Express malice – When you specifically intend to kill someone
2. Implied malice – When you intentionally commit an act that is dangerous to human life, knowing it is dangerous, and acting with conscious disregard for human life

Second-degree murder typically involves killings that:

• Were committed with malice aforethought (either express or implied)
• Were not premeditated or deliberated in advance
• Did not occur during the commission of certain felonies that would qualify them as first-degree murder
• Were not carried out by means specifically listed in the first-degree murder statute (such as poison, explosive devices, or lying in wait)

How Second-Degree Murder Differs From First-Degree Murder

The key distinction between first and second-degree murder is premeditation and deliberation:

• First-degree murder requires the killing to be “willful, deliberate, and premeditated,” or to have occurred during the commission of certain felonies, or by certain specified means.
• Second-degree murder does not require premeditation or deliberation. It can include killings that occurred in the heat of passion but don’t qualify for voluntary manslaughter, or killings that resulted from extremely reckless behavior.

Another significant difference is the potential punishment, with first-degree murder carrying more severe penalties.

Common Examples of Second-Degree Murder

Second-degree murder cases in California often include scenarios such as:

• A person who shoots into a crowd without specific intent to kill anyone in particular, but with knowledge that such an act is dangerous to human life
• A severely intoxicated driver with prior DUI convictions who causes a fatal accident
• A person who punches someone during an argument, causing them to fall, hit their head, and die
• A killing that occurs during a fight where the defendant had time to “cool off” (thus not qualifying for heat of passion manslaughter)
• A drug dealer who sells substances they know to be lethal, resulting in a user’s death

Elements Prosecutors Must Prove for Second-Degree Murder

For a second-degree murder conviction, the prosecution must prove beyond a reasonable doubt that:

1. You committed an act that resulted in the death of another person
2. The natural consequences of your act were dangerous to human life
3. You knew your act was dangerous to human life
4. You deliberately acted with conscious disregard for human life

For cases involving express malice, prosecutors must prove:

1. You intentionally killed another person
2. You did not act in the heat of passion or upon adequate provocation
3. The killing was not premeditated or deliberate (otherwise it would be first-degree murder)

Watson Murder: DUI Second-Degree Murder

California has developed a particular type of second-degree murder case known as “Watson murder,” named after the California Supreme Court case People v. Watson. These cases involve DUI incidents where a driver causes a fatal accident.

While DUI fatalities are typically charged as vehicular manslaughter, they can be elevated to second-degree murder if the prosecution can show:

1. The defendant had prior DUI convictions
2. The defendant had previously been educated on the dangers of DUI (typically through DUI school or court warnings)
3. The defendant drove in a particularly reckless manner showing conscious disregard for human life

These cases rely on the implied malice theory, with prosecutors arguing that the defendant knew driving under the influence was extremely dangerous but chose to do it anyway, showing a conscious disregard for human life.

Penalties for Second-Degree Murder in California

Second-degree murder carries serious penalties under California Penal Code § 190:

• Standard second-degree murder: 15 years to life in state prison
• Second-degree murder of a peace officer: 25 years to life in state prison
• Drive-by shooting second-degree murder: 20 years to life in state prison

Additional enhancements may apply, including:

• Firearm enhancements: Additional 10, 20, or 25 years to life for using, discharging, or discharging and causing great bodily injury with a firearm
• Gang enhancements: Additional 15 years to life if the murder was committed to benefit a criminal street gang
• Prior strike convictions: Doubled sentence under California’s Three Strikes Law

Unlike some other offenses, those convicted of second-degree murder must typically serve at least 85% of their sentence before becoming eligible for parole, and even then, parole is not guaranteed.

Second-Degree Murder vs. Voluntary Manslaughter

One important distinction defendants should understand is the difference between second-degree murder and voluntary manslaughter. Both involve killings that are intentional, but voluntary manslaughter carries significantly less prison time (3, 6, or 11 years).

Voluntary manslaughter applies when:

1. The killing occurred in the heat of passion, or
2. The killing occurred under an honest but unreasonable belief in the need for self-defense (imperfect self-defense)

For heat of passion, the defendant must have been provoked, the provocation would have caused a reasonable person to act rashly, and the defendant acted rashly as a result of that provocation.

A skilled defense attorney will often try to have second-degree murder charges reduced to voluntary manslaughter when the facts support such a reduction.

Defenses to Second-Degree Murder Charges

Several defense strategies may be effective when facing second-degree murder charges:

Self-Defense or Defense of Others

If you reasonably believed that you or someone else was in imminent danger of being killed or suffering great bodily injury, you may be legally justified in using deadly force. California’s self-defense laws allow you to protect yourself or others from serious harm.

Accident Without Criminal Negligence

If the death resulted from an accident that occurred during lawful activity and you were not acting with criminal negligence, this may provide a complete defense.

Lack of Implied Malice

Your attorney might argue that while you may have acted negligently, you did not act with the conscious disregard for human life required for implied malice.

Insufficient Evidence

The prosecution must prove all elements of second-degree murder beyond a reasonable doubt. Your attorney may identify weaknesses in the evidence on any required element.

False Accusations

In some cases, defendants are wrongfully accused. Your attorney may present evidence that someone else was responsible for the death.

Reduction to Manslaughter

Even if a complete defense is not available, your attorney may argue that the facts support a reduction to voluntary or involuntary manslaughter, which carry significantly lighter sentences.

Long-Term Consequences of a Second-Degree Murder Conviction

Beyond the lengthy prison sentence, a second-degree murder conviction carries other significant consequences:

• Strike on your record: Second-degree murder counts as a strike under California’s Three Strikes Law
• Loss of civil rights: Including the right to vote while incarcerated, the right to own firearms, and potentially certain professional licenses
• Immigration consequences: For non-citizens, a murder conviction will likely result in deportation and permanent inadmissibility
• Social stigma: The permanent record of a murder conviction can affect housing, employment, and personal relationships
• Financial impact: Including potential civil liability to the victim’s family

Given the life-altering consequences of a second-degree murder conviction, it’s crucial to have experienced legal representation from the earliest stages of your case.

Why You Need an Experienced Defense Attorney

Second-degree murder charges demand skilled legal representation because:

1. The penalties are among the most severe in California’s criminal justice system
2. The legal distinctions between second-degree murder and manslaughter are technical and complex
3. Effective defense often requires challenging forensic evidence and expert testimony
4. Negotiating with prosecutors requires experience with similar cases and knowledge of local court practices
5. Constitutional protections must be vigilantly safeguarded throughout the proceedings

How David P. Shapiro Criminal Defense Attorneys Can Help

Our experienced San Diego defense team brings specific advantages to your second-degree murder case:

• Thorough case evaluation: We meticulously review police reports, witness statements, forensic evidence, and other aspects of the prosecution’s case to identify weaknesses and opportunities for defense
• Independent investigation: We conduct our own investigation, often uncovering evidence or witnesses overlooked by police
• Expert consultation: We work with forensic specialists, medical examiners, and other experts to challenge prosecution evidence
• Strategic defense planning: We develop customized defense strategies based on the unique circumstances of your case
• Skilled negotiation: When appropriate, we engage with prosecutors to explore charge reductions or other favorable resolutions
• Aggressive trial advocacy: We provide powerful representation if your case goes to trial
• Compassionate support: We guide you through each stage of the process, ensuring you understand your options and the potential outcomes

We understand the gravity of murder charges and the profound impact they have on you and your loved ones. Our approach combines rigorous legal advocacy with personal attention to help you navigate this difficult time.

Frequently Asked Questions About Second-Degree Murder Charges

What is the difference between first and second-degree murder?

First-degree murder requires premeditation and deliberation or specific circumstances like killing during certain felonies. Second-degree murder lacks premeditation but still involves malice aforethought.

Can a second-degree murder charge be reduced to manslaughter?

Yes, if the facts support it. Voluntary manslaughter applies to killings in the heat of passion or under imperfect self-defense. Involuntary manslaughter applies to unintentional killings resulting from criminal negligence.

How long do prosecutors have to file second-degree murder charges?

There is no statute of limitations for murder in California. Charges can be filed at any time, even decades after the alleged crime.

Will I automatically go to prison if convicted of second-degree murder?

Yes. Second-degree murder carries a mandatory state prison sentence of 15 years to life in standard cases, with even longer terms in special circumstances.

Contact a San Diego Second-Degree Murder Defense Attorney Today

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.