California recognizes two types of murder: first degree murder and second degree murder. First degree murder is reserved for especially heinous crimes involving premeditation, deliberation or deliberate planning, and intent to kill. State laws list the special circumstances that a prosecutor must use to charge a defendant with first degree murder. If none of the special circumstances apply, the prosecutor may pursue a charge of second degree murder. – See more at: https://statelaws.findlaw.com/california-law/california-first-degree-murder-laws.html#sthash.6tfDXVwS.dpuf