Key Takeaways

  • Lying in wait meaning refers to killing someone after deliberately concealing oneself and watching for an opportune time to strike.
  • It is legally treated as a form of first-degree murder or as a special circumstance that can lead to harsher penalties.
  • Essential elements include concealment of purpose, a period of watching and waiting, and a surprise attack from a position of advantage.
  • Most states classify lying in wait as an aggravating factor, which can increase punishment severity.
  • Defenses often challenge whether the waiting was truly concealed, deliberate, or sustained long enough to prove intent.

Murder by Lying in Wait

To constitute murder by lying in wait there must be an intentional infliction upon the person killed of bodily harm involving a high degree of probability that it will result in death and which shows a wanton disregard for human life. The concept of lying in wait does not relieve the prosecution from the burden of proving that the defendant harbored malice aforethought. Lying in wait is a waiting and watching for an opportune time to act, together with a concealment by ambush or some other secret design to take the other person by surprise.

Legal Elements of Lying in Wait

Courts generally agree that lying in wait requires more than simply being present at the scene of a crime. The prosecution must prove three elements:

  1. Concealment of purpose – the defendant must have hidden their true intent to harm the victim.
  2. Substantial watching and waiting – the defendant waited long enough to show reflection and planning, even if only briefly.
  3. Surprise attack – the defendant launched an attack when the victim was unprepared, typically from a position of advantage.

These factors distinguish lying in wait from spontaneous acts of violence and elevate it to a legally more serious form of homicide.

Period of Time

The lying in wait need not continue for any particular period of time provided that its duration is such as to show a state of mind equivalent to premeditation or deliberation. According to California criminal law, the phrase "lying in wait" describes both a special circumstance and a theory of first degree murder.

Aggravating Circumstance in Sentencing

Many states treat lying in wait as an aggravating circumstance. This classification means that, if proven, it can lead to increased penalties such as life imprisonment without parole or even the death penalty in capital cases. Legislatures have chosen this approach because ambush-style killings demonstrate heightened planning, danger, and cruelty.

Jury's Finding of Lying in Wait

The factual situation necessary to sustain a jury's finding of lying in wait as a special circumstance is: " 'an intentional murder, committed under circumstances which include (1) a concealment of purpose, (2) a substantial period of watching and waiting for an opportune time to act, and (3) immediately thereafter, a surprise attack on an unsuspecting victim from a position of advantage[.]' " People v. Sims, 853 P.2d 992, 1007 (Cal. 1993), cert. denied, 114 S. Ct. 2782 (1994) (quoting People v. Morales, 770 P.2d 244 (Cal.), cert. denied, 493 U.S. 984 (1989)).

Examples of Lying in Wait

Common examples help clarify lying in wait meaning:

  • Hiding near a victim’s home and attacking once the victim enters or leaves.
  • Waiting in a concealed location, such as behind a building or in a car, before launching an assault.
  • Ambush during routine activities, like surprising a victim while jogging or returning from work.

These examples highlight how the element of surprise and concealment transforms an ordinary homicide into first-degree murder by lying in wait.

First Degree Murder

In contrast, the theory of first degree murder by means of lying in wait does not require the intent to murder the victim, but rather, "the intent to watch and wait for the purpose of gaining advantage and taking the victim unawares in order to facilitate the act which constitutes murder." People v. Laws, 15 Cal. Rptr. 2d 668, 674, 12 Cal. App. 4th 786, 795 (Cal. Ct. App. 1993).

Defenses to Lying in Wait Charges

Defendants accused of murder by lying in wait may argue:

  • Lack of concealment – claiming they did not hide or disguise their purpose.
  • No substantial waiting period – asserting that the encounter was spontaneous.
  • Self-defense – showing they reasonably believed they were in imminent danger.
  • Insufficient evidence of planning – challenging the prosecution’s proof of deliberation.

Because lying in wait charges carry severe consequences, defense strategies often focus on undermining the prosecution’s ability to prove each required element beyond a reasonable doubt.

State of Mind

Moreover, the lying in wait need not continue for any particular period of time, provided that its duration is such as to show a state of mind equivalent to premeditation or deliberation. People v. Ruiz, 749 P.2d 854, 867 (Cal.), cert. denied, 488 U.S. 871 (1988).

State Law Variations

While California and many other states explicitly define murder by lying in wait, some jurisdictions use the concept differently. In certain states, it is considered a statutory form of first-degree murder; in others, it serves primarily as an enhancing factor during sentencing. Despite these differences, the consistent theme is that the conduct shows deliberation and extreme risk to human life, justifying harsher punishment.

Frequently Asked Questions

  1. What does lying in wait mean in criminal law?
    It means concealing oneself and waiting to ambush a victim, then launching a surprise attack, usually treated as first-degree murder.
  2. How is lying in wait proven in court?
    Prosecutors must show concealment of purpose, a period of waiting, and a sudden attack from a position of advantage.
  3. Is lying in wait always first-degree murder?
    In most states, yes. It is either a statutory form of first-degree murder or a special circumstance that increases penalties.
  4. Can lying in wait lead to the death penalty?
    Yes. When charged as a special circumstance in capital cases, lying in wait can make a defendant eligible for the death penalty.
  5. What defenses exist against lying in wait charges?
    Defenses include arguing no concealment, insufficient waiting time, lack of planning, or asserting self-defense.

If you need help identifying what lying in wait meaning, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.