Morris Law is an East Bay criminal defense firm serving Alameda County — Oakland, Berkeley, Emeryville, Alameda, Piedmont, Albany, and surrounding communities. Call (510) 330-0814 for a free case review of your murder case. Murder in California is governed by California Penal Code §187 (murder) and §189 (degree definitions). We have two East Bay offices — Oakland (2744 E 11th St · 510-824-8831) and Berkeley (2025 Rose St #200 · 510-350-3225) — and our attorneys appear in Alameda County Superior Court every week. Seth Morris spent years as a Deputy Public Defender in those exact courthouses.

What is murder under California law?

East Bay Murder Lawyer — Morris Law

Under California Penal Code §187, murder is the unlawful killing of a human being with malice aforethought. PC §189 divides murder into first-degree (premeditated, lying in wait, poisoning, or during specific felonies) and second-degree. Voluntary manslaughter (PC §192(a)) is intentional killing without malice — heat of passion or imperfect self-defense. Involuntary manslaughter (PC §192(b)) is unintentional killing during a lawful act done without due caution. SB 1437 (2019) substantially narrowed felony murder.

Penalties for murder in California

Penalties vary sharply by specific statute, degree, and prior record. Here are the primary ranges we see in California cases:

  • First-degree murder (PC §187): 25 years to life. LWOP if special circumstance under PC §190.2. Death penalty is legally available but California has a moratorium.
  • Second-degree murder: 15 years to life state prison. 20 to life if shot from a vehicle. Doubled with prior strike.
  • Voluntary manslaughter (PC §192(a)): 3, 6, or 11 years state prison; strike
  • Involuntary manslaughter (PC §192(b)): 2, 3, or 4 years state prison
  • Vehicular manslaughter while intoxicated (PC §191.5): 4, 6, or 10 years
  • Watson murder: 15 years to life for fatal DUI with prior DUI history
  • Attempted murder (PC §664/187): premeditated life with parole; non-premeditated 5, 7, or 9 years
  • Firearm enhancement (PC §12022.53): +25 years to life for GBI/death via discharge

Collateral consequences — professional licensing, immigration status, firearm rights, and future employment — often exceed the direct sentence. We assess collateral exposure at the start of every case.

How Morris Law defends murder cases

Every case is different, but the defense strategies below are the ones that most often produce dismissals, reductions, and acquittals:

  • Self-defense and defense of others (PC §197) — honest and reasonable belief in imminent danger, proportional force. No duty to retreat.
  • Imperfect self-defense under People v. Flannel — honest but unreasonable belief reduces to voluntary manslaughter.
  • Heat of passion under PC §192(a) — adequate provocation reduces murder to voluntary manslaughter.
  • Accident / lack of malice — truly accidental killings without negligence are not crimes.
  • Diminished actuality — mental illness, intoxication, or trauma negating specific mental state.
  • SB 1437 resentencing (PC §1172.6) — many prior felony-murder and natural-and-probable-consequences convictions are now resentenceable.
  • Identification challenges — DNA, ballistics, eyewitness, and surveillance analysis with independent forensic experts.
  • Striking special circumstances — LWOP allegations under PC §190.2 can be challenged factually and constitutionally.

What to do if you are arrested for murder in California

Wherever you were arrested — Oakland Police, Berkeley Police, CHP, BART Police, or a county Sheriff — take these steps immediately:

  1. Invoke your right to counsel. Under Miranda v. Arizona, you must clearly say you want a lawyer, then stop talking.
  2. Do not consent to a search. Officers need a warrant, probable cause, or your consent. Refuse politely.
  3. Call Morris Law at (510) 330-0814. Our firm-wide line answers 24 hours a day.
  4. Preserve evidence. Photograph injuries or damage. Note officers’ names, badge numbers, and witnesses.
  5. Stay off social media and jail phones. Both are recorded and admissible.
  6. Write down your account for your attorney. Record events while fresh.

Why California residents choose Morris Law for murder defense

Morris Law was founded by Seth Morris, a former Alameda County Deputy Public Defender. What we bring to every case:

  • Seth Morris was a Deputy Public Defender in Alameda County. He defended clients at the Wiley W. Manuel and René C. Davidson courthouses regularly.
  • More than 25 jury trials, including life-in-prison exposure cases.
  • Federal recognition on police body cameras and 4th Amendment. President Obama’s Task Force on 21st Century Policing contributor.
  • Published in the Washington Post, Vanity Fair, and Salon. Interviewed on MSNBC, NBC Bay Area, KQED, KALW.
  • Two East Bay offices. Oakland (2744 E 11th St · East Oakland) and Berkeley (2025 Rose St #200 · North Berkeley).
  • 24/7 phone access at (510) 330-0814.
  • Clear, plain-language updates. No jargon.

Seth Morris is a member of the National Association of Criminal Defense Lawyers, California Attorneys for Criminal Justice, and the Alameda County Bar Association.

Where we defend murder cases

Two East Bay offices, one firm. Cases across the Bay Area and California — including federal cases in the Northern District.

Oakland Office

2744 E 11th St, Oakland, CA 94601
(510) 824-8831

Oakland murder defense →

Berkeley Office

2025 Rose St #200, Berkeley, CA 94709
(510) 350-3225

Berkeley murder defense →

How murder cases move through California courts

Stage Where Timing
Arrest Oakland Police, Berkeley Police, CHP, Sheriff, or BART Police Day 0
Booking Glenn E. Dyer, Santa Rita Jail, or local PD Day 0–1
Arraignment Wiley W. Manuel (misdemeanors) or René C. Davidson (felonies) Within 48 hours in custody
Preliminary hearing (felony) René C. Davidson Courthouse Within 10 court days in custody
Trial Wiley W. Manuel or René C. Davidson Within 60 days if not waived

Murder defense in California — Frequently Asked Questions

What is the difference between first and second-degree murder in California?

First-degree murder (PC §189) requires either premeditated and willful killing, killing by specific means (poison, lying in wait, torture), or killing during certain felonies. Second-degree is any other murder with malice aforethought. First carries 25-to-life; second carries 15-to-life.

Did California abolish the felony-murder rule?

Largely, yes. SB 1437 (2019) amended PC §188 and §189 — a defendant must be the actual killer, aid and abet with intent to kill, or be a ‘major participant’ with reckless indifference. Many prior convictions are eligible for resentencing under PC §1172.6.

Can self-defense be a complete defense to murder in California?

Yes. Justifiable homicide under PC §197 — honest and reasonable belief in imminent danger of death or great bodily injury, with proportional force — is a complete defense and results in acquittal. California has no duty to retreat.

Where does Morris Law have offices?

Morris Law has two offices in the East Bay. The Oakland office is at 2744 E 11th St, Oakland, CA 94601 — (510) 824-8831. The Berkeley office is at 2025 Rose St #200, Berkeley, CA 94709 — (510) 350-3225. The firm-wide line is (510) 330-0814, available 24/7.

Who is Seth Morris?

Seth Morris founded Morris Law in 2021. He earned his JD at UC Berkeley School of Law in 2006, served as a Deputy Public Defender in Alameda County, and has tried more than 25 jury trials — including cases with life-in-prison exposure. He helped develop the national Body Camera Toolkit for President Obama’s Task Force on 21st Century Policing.

How quickly can I meet with a California criminal defense lawyer?

Same day, in most cases. The firm-wide line is (510) 330-0814, answered 24 hours a day. If you or a family member has been booked at Glenn E. Dyer Detention Facility, Santa Rita Jail, or Berkeley Police Department, we can arrange contact within hours from either office.

Get a free murder case review

Talk to a California criminal defense lawyer today. Call (510) 330-0814 — our firm-wide line, answered 24 hours a day. Or contact either office directly: Oakland at (510) 824-8831, Berkeley at (510) 350-3225.

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Related pages

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