Legal Question in Criminal Law in California

Re: Murder Charges

It's perfectly legal to fatally stab somebody as many times as you like, as long as it is done in self-defense. Of course, the defendant needs a good lawyer to present this defense and he will be under terrible pressure to plead guilty. If the defendant is innocent by reason of self-defense I hope he insists on a trial. If convicted he faces anywhere from a few years for manslaughter to 15-to-life for a second-degree murder.

Re: Murder Charges

The maximum penalty for murder in California is death. The death penalty is only available in cases of first-degree murder in which the prosecutor has alleged special circumstances, such as premeditation or lying in wait. With the limited information you have provided, I can't say whether the your friend might receive a death sentence.

If the jury agrees that your friend acted in self defense then he will be acquitted and will not be punished at all. Bear in mind that a person acting in self defense is normally allowed to use only as much force as appears reasonably necessary to repel the attack. If his assailant was not using deadly force then he was not justified in using deadly force in response. Self defense also has to end when the danger ends, so if the first stab wound stopped the attack the second and third were likely unjustified. This will be a real problem for your friend if one of those wounds is what killed the victim.

Hopefully your friend has a competent attorney representing him. Defending oneself on the street is sometimes necessary, but doing likewise in court is almost always foolish.

Re: Murder Charges

He faces death penalty, or life without parole. Time to get competent counsel.