Murder is the unlawful killing of a human being, or a fetus, with malice aforethought. There are two types of murder: murder in the first degree and murder in the second degree. In order to bring murder charges, the victim must die within a year of the crime causing his death. Murder is defined in Penal Code Section 187.

However, not all homicides are a crime, particularly when there is a lack of criminal intent. Lack of criminal intent provides the basis for homicide defenses committed as a result of acting in self-defense. It may also provide a defense for accidents occurring in dangerous activities like hunting. It may also provide a defense for automobile wrecks occurring without a violation of law like reckless driving. Another type of homicide is legal government execution, by way of the death penalty. Even suicide is considered a homicide, but in most cases there is no one to prosecute if the suicide is successful. However, assisting or attempting suicide can be a crime.

The basic issues involved in first degree murder are that the crime was committed:
a) By a sane person
b) With intent
c) With malice aforethought, which means prior intention to kill the particular victim or anyone who gets in the way, and
d) With no legal excuse or authority.

In those clear circumstances, this is first degree murder. By statute, many states consider a killing in which there is torture, movement of the person before the killing (kidnapping) or the death of a police officer or prison guard, or it was as an incident to another crime (as during a hold-up or rape), to be first degree murder, with or without premeditation and with malice presumed. Such a willful, deliberate, and premeditated killing usually is characterized by torture, lying in wait, or using poison or an explosive device specifically to kill a person.

If a person kills while committing arson, burglary, lewd acts against children, rape, or robbery, the court will decide the person had malice and premeditation, and will rule the person guilty of first degree murder.

If you or a loved one was charged with first degree murder, it is imperative that you contact a skilled defense attorney immediately.