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Driver Can Be Prosecuted and Convicted of Second-Degree Murder

In the case of People v. Watson (1981) 30 Cal.3d 290, the California Supreme Court ruled that if a person drives a car in a manner demonstrating a conscious disregard for human life, this will constitute “implied malice,” and the driver can be prosecuted and convicted of second-degree murder.

This means that if a person is killed as a result of extremely reckless driving, it may be considered an unlawful killing with malice aforethought. The “malice” necessary for a murder conviction will be implied from the conduct. This situation is most prevalent when a driver is fleeing from police or driving at a very high speed in an extremely reckless and dangerous manner.

When being charged or investigated for a crime, it is essential to contact a criminal defense attorney who can provide clarity. If you or someone you love has been accused of a crime in California, contact the experienced Southern California violent crime defense attorneys at Wallin & Klarich today at 1-888-280-6839 for a consultation of your case or visit www.wklaw.com. We can help you.

About Wallin & Klarich


Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.