What Are the Penalties for Murder in California?

August 22, 2025 | Nafiz M. Ahmed

In California, the penalties for murder are determined by the degree of the conviction and the intent of the individual who committed the act. A murder conviction signifies that there is proof beyond a reasonable doubt that an individual unlawfully killed another person with malice and intent. Keep reading to learn more.

First-Degree Murder Penalties in California

The legal system in California primarily recognizes two categories of murder. The first category, premeditating and intentionally causing someone’s death, can lead to an indictment for first-degree murder. 

Penalties for first-degree murder in California include imprisonment in a state prison for 25 years to life. Life without the possibility of parole may occur when special circumstances apply to a conviction. Though the death penalty is legal in California, a moratorium is in place to prevent capital punishment for first-degree murder.

Second-Degree Murder Penalties in California

A jury may determine that there is no premeditation or plan to commit murder. However, an individual can commit the act with malice and intent, in which case they could be charged with second-degree murder.

Penalties for second-degree murder in California include incarceration in a state prison for 15 years to life. When the victim of murder is categorized as a peace officer, an individual faces 25 years to life in a state prison. 

The more severe penalty for second-degree murder occurs when an individual knows or should have known the act they committed is against an officer of the peace. If the alleged murder of a peace officer includes these elements, the penalty for second-degree murder in California increases to life without parole. 

Can Penalties for Murder in California Be Reduced?

A lesser charge for murder in California is possible, reducing the penalties if an indictment occurs. Proving a lack of intent to commit murder can significantly benefit a case. In some situations, taking the life of someone else is a horrific accident. 

Proving insanity may also reduce murder penalties. Reducing a murder charge to manslaughter may also be possible, resulting in less severe penalties.

Is Manslaughter Considered Murder, and What Are the Penalties?

Manslaughter is not technically “murder,” but it is still categorized as a type of homicide charge under California law. Voluntary manslaughter is the unlawful killing of another person without premeditation or malice aforethought. It typically involves circumstances that reduce the culpability compared to murder, such as sudden heat of passion or a reckless act. 

Causing the death of another individual, but doing so with recklessness or negligence, is involuntary manslaughter. Penalties for voluntary or involuntary manslaughter vary according to the conviction and are less severe than murder penalties.

Defenses to Murder Charges in California

Facing a murder charge can be terrifying. But remember — an arrest doesn’t mean a conviction. Some defenses under California law may apply to your case, and the right strategy can make all the difference.

Some of the most common defenses include:

• Self-Defense or Defense of Others: If you believed your life or someone else’s was in immediate danger, the law allows you to protect yourself. A strong case can be made if your response was reasonable under the circumstances.
• Accident: Sometimes tragedies happen with no criminal intent. If the death was accidental and you weren’t acting recklessly, it may not meet the legal definition of murder.
• Lack of Intent: Murder requires intent. If prosecutors can’t prove that you intended to kill, the charge could be reduced or even dismissed.
• Insanity: In rare situations, a defendant may not have understood what they were doing or that it was wrong. When that’s true, the law treats the case differently.
  Mistaken Identity or False Accusation: Eyewitness accounts can be unreliable, and evidence can be misinterpreted. If you’ve been accused wrongly, exposing flaws in the prosecution’s case is key.
• Violations of Your Rights: Police and prosecutors must follow the law, too. If your rights were violated during the investigation, some evidence might not be allowed in court.

Every case is different, and the right defense depends on the facts. An experienced criminal defense lawyer will dig into the details, challenge the state’s evidence, and fight for your future.

Contact Ahmed & Sukaram, Criminal Defense Attorneys, to Arrange a Consultation With a California Criminal Defense Lawyer

Facing a murder or manslaughter charge in California is overwhelming — your freedom and future are at stake. At Ahmed & Sukaram, our experienced California criminal defense lawyers know how to challenge the prosecution’s case and fight for the best possible outcome. 

Call today to arrange your confidential consultation with someone from our legal team.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500