PC 187 – Murder Under California Law

PC 187 is California’s murder statute. It defines murder as the unlawful killing of a human being, or a fetus, committed with malice aforethought. Murder is one of the most seriously prosecuted offenses in California, and a conviction can result in decades or life in state prison. This page explains what prosecutors must prove under PC 187, how the law separates first-degree from second-degree murder, and what penalties apply.

What PC 187 Prohibits

PC 187 criminalizes any unlawful killing of a human being, or a fetus, carried out with malice aforethought. “Malice aforethought” does not require advance planning in every case — it simply means the killing was done with intent to kill, or with a conscious disregard for human life so extreme that the law treats it the same as intent to kill. Malice can be either express (an actual intent to kill) or implied (from conduct so dangerous that death is a natural consequence).

Elements the Prosecution Must Prove

1. A human being (or fetus) was killed.
   The defense may challenge causation — whether the defendant‘s
   conduct was actually what caused the death, or whether an intervening
   cause was responsible.
2. The killing was unlawful.
   Killings that are legally justified, such as those committed in
   lawful self-defense or defense of another, are not unlawful and
   do not satisfy this element.
3. The killing was committed with malice aforethought.
   This is often the most contested element at trial. The defense may
   argue the evidence shows, at most, a heat-of-passion killing or
   reckless conduct without the mental state malice requires —
   which can support a reduction to manslaughter instead.

First-Degree vs. Second-Degree Murder

First-Degree Murder

A killing is generally charged as first-degree murder when it is willful, deliberate, and premeditated, or when it is committed by means such as poison, lying in wait, or torture. First-degree murder also applies under the felony murder rule when a death occurs during the commission of certain inherently dangerous felonies, such as robbery, burglary, or kidnapping, regardless of intent to kill. Our article on the Felony Murder Rule explains this theory in more detail.

Second-Degree Murder

Any murder that does not meet the specific criteria for first-degree murder is charged as second-degree murder. This typically involves an intentional killing without premeditation, or an implied-malice killing resulting from extremely reckless conduct.

Penalties for PC 187 Murder

Enhancements can add significant additional time to these base sentences, including firearm-use enhancements and gang enhancements. Our page on Gang Enhancement Charges explains how these add-on allegations work.

Defenses to PC 187 Charges

Because malice aforethought is central to a murder charge, many defenses focus on challenging that mental state rather than disputing that a death occurred. Common defenses include self-defense or defense of others, mistaken identity, insufficient evidence of intent, and arguments that the facts support a lesser charge such as voluntary or involuntary manslaughter. Our Violent Crimes Defense page discusses how our firm approaches these cases at a strategic level.

Related Statutes

• PC 192 (Manslaughter) — the reduced charge often argued for in murder cases lacking clear malice; see PC 192 — Manslaughter.
• PC 664/187 (Attempted Murder) — applies when the intended killing does not result in death; see PC 664/187 — Attempted Murder.
• PC 190.2 (Special Circumstances) — the sentencing enhancement statute that can elevate first-degree murder to life without parole.
• PC 12022.53 (Firearm Use Enhancement) — applies additional prison time when a firearm is used during the commission of murder.

Last updated: July 2026. California homicide law is subject to legislative and case-law changes; this page should be reviewed periodically to confirm penalty ranges remain current.

Contact a Murder Defense Attorney

If you are facing PC 187 murder charges, the stakes could not be higher. Contact KN Law Firm’s violent crimes defense team today at (888) 950-0011 for a free, confidential consultation.