Facing criminal charges, especially a first-degree murder charge, can feel like the end of the line. Convictions carry some of the harshest penalties imaginable—from 25 years to life in prison to, in the most extreme cases, death. The courtroom process is complex, evidence is technical, and prosecutors leave no stone unturned. Without skilled representation, you risk life-altering consequences.
If you or a loved one is charged with first-degree murder in San Gabriel, you need a defense team that combines deep legal knowledge with courtroom tenacity. At Perliss Law Firm, our attorneys bring over 35 years of criminal defense experience and insight, gained from former prosecutors, to every case. We provide free, confidential consultations in English or Mandarin and develop customized strategies to challenge each element of the prosecution’s case. Contact Perliss Law Firm now to discuss your defense and protect your future.
Under California Penal Code § 187, murder is defined as the unlawful killing of a human being, or a fetus, with malice aforethought. First-degree murder is the most serious form of homicide and is distinguished from second-degree murder by the presence of particular mental states or circumstances specified by law.
To secure a first-degree murder conviction, the prosecution must prove beyond a reasonable doubt that the killing was willful, deliberate, and premeditated, or was committed under statutory conditions that elevate its severity.
Key conditions that qualify a homicide as first-degree murder include:
Willfulness, Deliberation, and Premeditation: The defendant intentionally killed the victim, having thought about and considered the act, even if only briefly, before carrying it out. The prosecution must show that the defendant paused to reflect before deciding to kill.
Enumerated Methods: Certain methods of killing automatically qualify as first-degree murder, including:
Felony Murder Rule: A killing that occurs during the commission, attempted commission, or escape from certain serious felonies-such as rape, burglary, robbery, or kidnapping-may be charged as first-degree murder.
Note: Since 2019, California law (SB 1437) limits the felony murder rule. Now, a defendant can only be convicted of first-degree felony murder if they:
Malice Aforethought: All murder charges require malice aforethought, which means the defendant acted with an intent to kill, or with a conscious disregard for human life.
The felony murder rule is a legal doctrine that allows a killing to be charged as first-degree murder if it occurs during the commission of a dangerous felony, such as robbery, burglary, or arson. In California, the felony murder rule applies even if the defendant did not intend to kill anyone.
However, under current law, a defendant can only be convicted of felony murder if they were the actual killer, aided and abetted the killing with the intent to kill, or were a major participant in the underlying felony and acted with reckless indifference to human life.
In California, “capital murder” refers to first-degree murder accompanied by one or more “special circumstances” as defined by law, such as the intentional killing of a police officer, multiple victims, or a killing involving torture. These special circumstances make the defendant eligible for the death penalty or life imprisonment without the possibility of parole. “Capital murder” is not a separate charge, but rather first-degree murder with special circumstances found true.
The prosecution must prove beyond a reasonable doubt that the defendant committed the murder with malice aforethought and that one or more special circumstances exist. An experienced criminal defense attorney is crucial in capital murder cases, as the stakes are extremely high, and the defendant’s life is on the line.
A first-degree murder conviction in California carries some of the most severe penalties under state law. The base sentence for standard first-degree murder is 25 years to life in state prison. However, if the prosecution proves one or more “special circumstances,” the court must impose either life without the possibility of parole or, in cases where it applies, the death penalty. Special circumstances can lead to death sentences, highlighting the gravity of these factors in the sentencing process.
Special circumstances are specific factors that increase the severity of the crime and limit the judge and jury’s sentencing discretion. Common examples include:
Killing more than one person in the same act or as part of a single scheme.
Murdering a peace officer, firefighter, prosecutor, juror, judge, or other elected official while they are performing official duties.
Employing torture, explosive devices, or other means showing an aggravated level of cruelty.
Committing murder for money or other financial benefit.
Killing to evade lawful arrest or to prevent testimony in a criminal proceeding.
When a special circumstance is found, the punishment options become:
(in jurisdictions where capital punishment is permitted and only after a separate penalty phase)
Because special circumstances often result in the harshest sentences, it is crucial to challenge these allegations. A skilled defense attorney will scrutinize the evidence supporting each claimed circumstance, look for procedural errors or factual inconsistencies, and present mitigating factors that may influence a jury’s finding.
Yes, California law still allows for the death penalty, and individuals convicted of first-degree murder with special circumstances can be sentenced to death. However, executions are not currently being carried out in the state. Since 2019, a governor-imposed moratorium has suspended all executions, meaning no one on California’s death row can be executed while the moratorium remains in effect.
The death penalty remains legally available, and prosecutors in some counties, including Los Angeles, may still seek death sentences in exceptionally serious cases. As of early 2025, nearly 600 people remain on California’s death row, but the state has not executed anyone since 2006.
Facing a first-degree murder charge means the prosecution must prove each element of the crime beyond a reasonable doubt. Your defense team’s first task is to challenge the evidence on intent, premeditation, and any special circumstances. By attacking the prosecution’s case at its weakest points, you create reasonable doubt and shift the burden back to the government.
Common defense strategies include:
Showing that you reasonably believed you or someone else faced imminent harm can negate malice aforethought and justify the use of deadly force.
Demonstrating that the victim’s death was unintentional, such as a misfire or unintended outcome of lawful conduct, undermines the specific intent requirement.
Presenting expert testimony that you lacked the capacity to form intent at the time of the killing can bar a first-degree conviction or reduce charges.
Introducing witnesses, surveillance footage or other proof that you were elsewhere at the time of the crime removes the link between you and the alleged offense.
Arguing that the underlying felony was not dangerous as defined by law or that the homicide was not a foreseeable result can defeat a felony murder charge.
Filing motions to suppress evidence seized in violation of your Fourth Amendment rights can exclude critical testimony or forensic findings.
Employing ballistics specialists, crime-scene reconstruction experts, toxicologists, and mental health professionals to question the prosecution’s technical proofs.
Highlighting the significance of forensic evidence in complex criminal defense cases, particularly in murder trials, is essential. A thorough investigation, including the examination of forensic evidence, can challenge the prosecution's claims and build a solid defense strategy.
No single strategy fits every case. A thorough investigation at the outset, involving the review of police reports, interviews with witnesses, and consultations with experts, lays the groundwork for a multi-pronged defense. Your attorney will craft a theory that best fits the facts, combining legal, scientific, and human elements to persuade a judge or jury that the evidence does not support a first-degree murder conviction.
A first-degree murder criminal case in San Gabriel County proceeds to trial in the Los Angeles County Superior Court, San Gabriel Branch, where every step carries high stakes. Local rules, courtroom customs, and the track records of presiding judges and prosecutors all influence how a case unfolds. Understanding these nuances, from filing pretrial motions to selecting a fair jury, is essential to mounting an effective defense.
Key stages of the trial process include:
Your attorney may file motions to suppress evidence, dismiss charges, or limit testimony. These hearings can shape which facts the jury will ultimately consider.
Both sides question prospective jurors to uncover biases or prejudgments. Strikes for cause and peremptory challenges narrow the panel to impartial jurors.
Prosecutors and defense counsel outline their version of events and preview evidence. A clear, persuasive opening helps frame your defense in the jury’s mind.
The prosecution calls witnesses, introduces forensic reports, and presents exhibits to support its case. Your defense attorney cross-examines each witness to expose inconsistencies and challenge credibility.
You may testify or present alibi witnesses, expert testimony on mental state, or accident reconstruction. Strategic timing and choice of witnesses strengthen your story.
Lawyers summarize key evidence, highlight weaknesses in the opponent’s case, and reinforce reasons for reasonable doubt.
The judge explains the legal standards jurors must apply. During deliberations, jurors review testimony, parse definitions of intent and premeditation, and reach a verdict.
A guilty verdict on first-degree murder triggers a separate sentencing phase if special circumstances or the death penalty are at issue. Otherwise, sentencing occurs according to statutory guidelines.
Throughout the trial, having counsel who is familiar with local courtroom practices proves invaluable. Your attorney not only manages these procedural steps but also adjusts strategies in real time, objecting to improper evidence, seizing favorable moments in witness testimony, and preventing juror misunderstandings.
In San Gabriel County, where high-profile murder cases draw intense scrutiny, experienced representation can mean the difference between conviction and acquittal.
When you face a first-degree murder charge, you need more than just legal representation, you need a skilled attorney who combines insider knowledge, investigative rigor, and unwavering advocacy. At Perliss Law Firm, we bring over 35 years of courtroom experience and former prosecutor insight to every aspect of your defense.
Here’s how we put our resources and expertise to work for you:
Our background on the other side of the aisle means we know how charging decisions are made, what evidence carries the most weight, and which angles to attack when undermining the government’s case.
We engage private investigators to revisit the crime scene, re-interview witnesses, and uncover new evidence—whether it’s surveillance footage, cell tower data, or overlooked forensic details.
From forensic pathologists and ballistics experts to mental health specialists, we assemble the right professionals to challenge technical proofs of intent, premeditation, and “special circumstances.”
Early-stage motions, such as suppressing evidence obtained in violation of your rights or dismissing charges for insufficient proof, can determine the trajectory of your entire case. We craft precise, well-supported motions that force the prosecution to address critical weaknesses.
We tailor every element of trial strategy to your unique situation, from jury selection techniques that screen for potential biases to compelling opening statements and closing arguments that reinforce reasonable doubt.
Fluent in both English and Mandarin, our attorneys ensure you understand each step of the process and feel confident that nothing is lost in translation.
Beyond legal work, we guide you through logistics, court appearances, witness coordination, and family updates, so you can focus on your defense with peace of mind.
By combining prosecutorial know-how, aggressive investigation, and compassionate client care, Perliss Law Firm delivers the robust defense necessary to challenge a first-degree murder charge.
From the first free consultation through trial and any appeals, we stand beside you, fighting to protect your freedom and your future.
Facing a first-degree murder charge is one of the most serious challenges you can encounter, and the stakes could not be higher. At Perliss Law Firm, our law offices offer extensive experience in criminal defense, an insider's understanding of prosecutorial strategies, and a commitment to thorough investigation, giving you the best chance to protect your rights.
We serve clients throughout San Gabriel and the greater Los Angeles County area, offering bilingual support in English and Mandarin, and providing personalized attention at every stage of the process. Don’t wait to start building your defense—reach out today for a free, confidential consultation, and let us put our resources and expertise to work for you.
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