You never held a weapon, yet detectives are treating you like the shooter. But can you be charged with murder even if you didn’t pull the trigger? Under California law, you could indeed face a first- or second-degree murder charge.
Prosecutors often rely on legal theories that connect you to someone else’s actions, even if you were not the primary actor or physical shooter. Attorney Dean Johnson, a Redwood City criminal defense attorney and former San Mateo County deputy district attorney, brings decades of experience in criminal law. As a seasoned homicide lawyer in Redwood City, he can help you assess the evidence and understand your next steps.
Below, the Law Offices of Dean Johnson explains how the law works in this situation.
How California Law Holds Non-Killers Liable
California law recognizes a few legal theories that explain how someone could be charged with murder without pulling the trigger. First, it helps to understand the difference between murder and homicide, since the terms differ legally.
The Felony Murder Rule and SB 1437 Reforms
California’s felony murder rule once let prosecutors convict almost anyone connected to a deadly felony, even a getaway driver. That changed in 2019, when SB 1437 rewrote Penal Code section 189 and limited who qualifies as a murderer under this theory. Prosecutors must now prove you were the actual killer or, with intent to kill, aided or assisted the actual killer in the lethal act itself.
Alternatively, prosecutors can show that you were a major participant in the felony who acted with reckless indifference to human life. Lawmakers later expanded these protections through SB 775, letting those convicted of attempted murder or manslaughter under the old rules seek resentencing.
Aiding and Abetting
Aiding and abetting applies when you intentionally help someone else commit a crime, even without touching the victim. Acting as a lookout or supplying a weapon can qualify, and the law treats an aider and abettor the same as the person who committed the act.
Conspiracy Charges
Conspiracy charges may apply when two or more people agree to commit a crime and take an overt act toward carrying it out. The specific facts and circumstances determine what criminal liability may follow if someone dies as a result, including complex homicide legal theories such as Watson murder or vehicular manslaughter.
How a Defense Lawyer Can Help
A defense attorney can raise several arguments to separate you from the person who caused the death in question:
- Proving lack of knowledge: Demonstrating you had no idea your companion carried a weapon or planned violence helps refute prosecutor assumptions, much like clarifying common DV charge misconceptions in co-defendant or domestic situations.
- Proving minimal involvement: Showing you were not a major participant who acted with reckless indifference.
- Establishing duress or coercion: Showing that threats or coercion provided a defense to an underlying felony in a felony murder case. Duress is not a defense to murder itself.
- Challenging prosecutorial assumptions: Scrutinizing police reports and search-and-seizure procedures for constitutional violations.
Every defense strategy depends on the specific facts of your case.
The County Seat Advantage in San Mateo County
Where your case gets filed can influence how it unfolds just as much as the facts themselves.
Local Courthouse Dynamics
San Mateo County Superior Court handles felony and homicide cases throughout the county, with criminal proceedings held at its designated court locations. That means the same court and procedures apply throughout the county, regardless of where the case began.
The Value of a Former Prosecutor’s Insight
Attorney Dean Johnson brings over 30 years of experience to these cases, plus insight from his years as a former San Mateo County deputy district attorney. That background helps him anticipate how the district attorney’s office builds a case against someone who could be charged with murder without pulling the trigger.
Defend Your Future With the Law Offices of Dean Johnson
Being accused of a crime you didn’t physically commit is frightening, but California law still separates the person who caused a death from everyone else connected to the case. We work to identify those differences early and use every available fact to separate our clients from the principal offender. Cases like the Mehserle case show how much attention these theories draw and why dedicated representation from the first interview counts.
Our firm focuses on criminal defense throughout San Mateo County, bringing a former prosecutor’s insight to every accomplice or felony murder case we take on. Dean Johnson provides dedicated, one-on-one defense representation throughout Redwood City and San Mateo County. We are available around the clock for a free, confidential consultation.
If you or someone you love could be charged with murder without pulling the trigger in San Mateo County or Redwood City, CA, call the Law Offices of Dean Johnson at (650) 640-0249.
