Can a murder be reduced to first degree because of the fact of premeditation?

California, United States of America


The following excerpt is from People v. Ramirez, 162 Cal.Rptr.3d 128 (Cal. App. 2013):

Here, by contrast, the murder was completed, not merely attempted, and the fact of premeditation is one of the elements which elevates what would otherwise be a second degree murder to one of first degree. ( 189 ; People v. Stevens (2007) 41 Cal.4th 182, 203, 59 Cal.Rptr.3d 196, 158 P.3d 763 [referring to "the premeditation element of first degree murder"];

[162 Cal.Rptr.3d 149]

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