Murder by means of "lying in wait" is a type of criminal homicide where the perpetrator waits and watches for an opportunity to attack an unsuspecting victim. The killer conceals his or her purpose and then surprises the victim from a position of advantage.
Murder by means of lying-in-wait is proven when the state establishes the following elements surrounding the accused's killing:
(1) A concealed purpose that is deadly or dangerous-to-life,
(2) Waiting and watching for an opportune moment, and
(3) Surprising a victim from a position of advantage.
California law designates murder by means of lying-in-wait as murder in the first-degree. (California’s penal code section 189)
Some examples of lying-in-wait:
A woman calls the police because her husband hit her. The husband gets a gun out and when the police arrive he shoots the arriving officers before they can get their own weapons drawn.
A gang member spots another rival gang member walking near his neighborhood. He gets a weapon and then hides between some vehicles down the street from where the other gang member is walking and shoots him as he passes.
A man arranges a meeting with a drug dealer. He hides a large knife in his clothing. When the drug dealer arrives, he stabs the dealer to death and steals the drugs.
A man waits in an alley and when someone passes by he hits them on the head with a crowbar and steals their wallet. He didn’t intend for the victim to die but they do. (Lying-in-wait murder doesn't require intent-to-kill. It can be an unintentional killing. It requires only a surprise attack after concealing one's purpose and waiting for an opportune moment to strike.)
