First degree, second degree murder, manslaughter or self defense?

The jury in the David Kobak case will be given lesser options to consider. Kobak has been charged with Count 1, first degree murder of Fred Loftus.  Count 1 has a special allegation that Kobak "personally and intentionally discharged a firearm" causing great bodily injury or death to Loftus.

Shouse law has information on types of murder and sentencing:

 Penal Code 187 PC, California law defines "murder" as "the unlawful killing of a human being or fetus with malice aforethought."

"Malice aforethought" means the killer "with wanton disregard for human life, does an act that involves a high degree of probability that it will result in death."

Murder can be charged as "first-degree" or "second-degree." First-degree murder generally carries a sentence of 25 years to life in state prison.

First-degree murder may be charged when the killing:

-- is accomplished by means of a destructive device, weapon of mass destruction, armor-piercing ammunition, poison, lying in wait, or torture

-- is done in a way that is willful, deliberate and premeditated

-- invokes the California felony murder rule because the murder occurs during the commission of certain serious felony crimes.

All other forms of murder are second-degree. Second-degree murder generally carries a sentence of 15 years to life in state prison.

There is also voluntary manslaughter or involuntary manslaughter. The defense can also ask for self defense or imperfect self defense. Defense did bring up self defense in their opening statement.

More information at https://www.shouselaw.com/murder.html