California Penal Code 187: Sentencing for Conspiracy to Commit Second-Degree Murder

Understanding PC 187 Conspiracy to Commit Murder Charges

In California, conspiracy to commit second-degree murder under Penal Code 187 is a grave felony with severe consequences. Unlike the completed crime, conspiracy punishes the agreement to kill, coupled with an overt act in furtherance of that agreement—even if no one dies. The law targets the dangerousness of the pact itself.

Base Prison Term

Upon conviction, the judge must select one of three fixed terms for the base sentence:

• 5 years (the lower term)
• 7 years (the middle term)
• 9 years (the upper term)

The choice depends on aggravating and mitigating factors: the defendant's role (leader vs. minor participant), criminal history, sophistication of the plan, use of weapons, and whether the conspiracy targeted vulnerable victims. The middle term of 7 years is the statutory default unless the court finds reasons to go higher or lower.

Parole Eligibility

Because conspiracy to commit murder is classified as a violent felony under California law, parole eligibility is restricted:

• Defendants must typically serve 50% of the sentence before becoming eligible for parole consideration (under Proposition 57, non-violent offenders may qualify at 25%, but this offense is excluded).
• The Board of Parole Hearings evaluates suitability based on institutional behavior, remorse, psychological evaluations, and release plans.
• Even if granted parole, the governor can reverse the decision.

Sentence Enhancements That Add Time

Several common enhancements can dramatically increase the actual time served:

• Firearm use (PC 12022.5/12022.53): +10 years for personal use, +20 years for discharging, +25-to-life for causing great bodily injury or death.
• Gang enhancement (PC 186.22): +2–15 years if the conspiracy benefited a criminal street gang.
• Prior serious/violent felony (Three Strikes): Doubles the base term for one prior; 25-to-life for two or more.
• Victim status: Enhancements if the target was a peace officer, firefighter, juror, or witness.

Mitigating Factors and Defense Strategies

Experienced defense counsel will explore every avenue to reduce exposure:

• Withdrawal: If the defendant genuinely and completely withdrew from the conspiracy before any overt act, and communicated that withdrawal to co-conspirators, it can be a complete defense.
• Lack of intent or agreement: Mere presence or knowledge is insufficient; the prosecution must prove a specific intent to kill and a mutual agreement.
• Entrapment: If law enforcement originated the criminal design and induced participation.
• Mental health / diminished capacity: Relevant to specific intent, though not a full defense to conspiracy.
• Youth, trauma, minimal role, cooperation: Presented at sentencing to argue for the lower term or, in rare cases, a Penal Code 1170(d) recall/resentencing later.

Collateral Consequences

Beyond prison, a conviction carries:

• Lifetime ban on firearm ownership (state and federal).
• Mandatory DNA collection.
• Strike prior for future sentencing.
• Severe immigration consequences for non-citizens (aggravated felony, crime involving moral turpitude).
• Professional license revocation.

The Critical Importance of Counsel

Sentencing in conspiracy cases is highly fact-specific and discretionary. A qualified California criminal defense attorney can:

• Challenge the existence and scope of the agreement.
• File motions to suppress evidence or dismiss for insufficient evidence.
• Negotiate plea agreements to lesser charges (e.g., accessory, assault).
• Present a comprehensive mitigation package at sentencing.

Disclaimer: This article provides general legal information, not legal advice. Laws change; consult a licensed California attorney for case-specific guidance.