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PC 187 Murder 1st Degree and Attempted Murder in the 1st Degree | Fresno Criminal Defense Attorney

PC 187 Murder 1st Degree

(a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.

(b) This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:

(1) The act complied with the Therapeutic Abortion Action, Article 2 (commencing with Section 1234000) of chapter 2 of Part 2 of Division 106 of the Health and Safety code.

(2) The act was committed by a holder of a physician's and surgeon's certificate, as defined in the Business and professions Code, in a case where the a medical certainty, the result of childbirth would be death of the mother of the fetus or where her death from childbirth, although not medically certain, would be substantially certain or more likely than not.

(3) The act was solicited, aided, abetted, or consented to by the mother of the fetus.

(c) Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other provision of law.

Punishment:  25 years to Life

PC 664-187 Attempted Murder in the 1st Degree:

Punishment: 7 years to Life in Prison

Attempted murder of a Police Officer:

15 years to Life in Prison

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