Ask a Los Angeles Murder Defense Attorney: What is the Legal Definition of Premeditation?

Murder in California is defined as the unlawful killing of another person with malice aforethought and without legal justification. Although the terminology used in this explanation is quite simple, they can be difficult to understand. Does “malice aforethought,” for instance, imply that the murder was premeditated?

Read on to learn more and then contact Chambers Law Firm at 714-760-4088 if you require a free legal consultation with a murder defense attorney in the Los Angeles area.

What is Malice Aforethought?

Malice aforethought is the term used to describe a defendant’s mental state at the time of a murder, such as having the intention to kill or seriously injure someone. Premeditation and malice aforethought are not the same thing, even if premeditation might be a sign of malice aforethought (for instance, bringing a pistol to a knife fight). What does premeditation entail for a murder charge in California, then?

Premeditation Defined

Premeditation, according to a murder defense attorney in Los Angeles CA, is a determined desire to commit a crime before the crime is actually committed. It is not necessary for this desire to exist for a specific amount of time; even a brief period of time can qualify as premeditation.

First-Degree Murder

First degree murder in California is any premeditated, purposeful homicide or homicide committed while committing an intrinsically dangerous felony (known as a felony murder). The prosecution must establish both the defendant’s intent to kill the victim and that the defendant had sufficient time to ponder the wrongness of the act before the victim was actually killed. Premeditation and deliberation can occur in a few seconds.

An Example of These Concepts

Think about a situation where someone gets into a bar fight, for instance. Infuriated, he storms out of the bar and heads to his van to retrieve a revolver from the glove box. He has developed the intention to murder the other person in the time it takes to acquire the gun and return to the bar. He may be charged with first-degree murder if he then shoots and kills the other person. This is due to the fact that getting a gun during a bar brawl required thought and planning before stepping outside to the vehicle.

There Are Many Ways Premeditation Can Occur

Premeditation can happen in a variety of ways, as a murder defense attorney Los Angeles CA can explain. A person may prepare to poison their unfaithful spouse, or they may hire a hitman to kill a potential love interest. The point is that there is at least some degree of preparation and thought before a person decides to perform the offense, whether it be murder or another type of crime.

Contact an Attorney Right Away if You Are Accused of or Charged with Murder

The laws governing criminal behavior in California are complicated and continuously changing. Having a skilled murder defense attorney Los Angeles CA on your side might be the difference between mounting a solid defense and being forced to accept a less-than-favorable plea agreement.

Chambers Law Firm will look into the specifics of your case and carefully consider all viable defenses. Given the specifics of your case, we will collaborate with you to assist you in getting the best outcomes possible. Contact us right away at 714-760-4088 or dchambers@clfca.com to find out more or to arrange a free initial consultation.

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