What Does “Lying In Wait” Mean?
What lurks behind a wiggling bush in the dead of night? It could be a rowdy woodland creature, but that’s not the first thought to cross your mind. Something about the situation feels sinister, and most people follow their intuition, quickly walking away from potential danger.
Stalkers will study their victims from afar to plan an opportunity to ambush them — their acts are calculated meticulously. This is far different from second-degree murder, which is killing someone in the spur of the moment. While both acts are intentional (and face serious criminal charges) premeditated murder by means of waiting for their victim by hiding in the bushes comes with lifetime imprisonment or death.
Lying In Wait Defined
Lying in wait describes a premeditated murder where the killer plans to surprise attack their victim. In some cases, the killer is an unknown person stalking their victims. Other times, the killer is a well-known friend, family member, or loved one who invited their victim to a secluded spot.
Regardless of the relationship to the victim, lying in wait demonstrates a plan was created to ambush and commit first-degree murder. Therefore, these charges make it possible for states (including Arkansas) to issue life in prison without parole or the death penalty.
Essentially, lying in wait is considered one of the most heinous crimes and carries heavy legal consequences because of the premeditated surprise attack on their victim.
Case Example: The Murder Of Celeste Rivas Hernandez
Celeste Rivas Hernandez was in 7th grade when she left her family home in California. She was reported missing on April 5th, 2024 and was found dismembered on September 8th, 2025 in the trunk of an abandoned Tesla.
The Tesla was registered to David Anthony Burke, otherwise known by stage name D4vd. As investigators unraveled the mystery further, they confirmed Celeste's arrival at D4vd’s house on April 23rd, 2025 as her last known whereabouts.
Prosecutors theorize that Celeste planned to tell the public about her underage relationship with D4vd. To protect his career, he planned and followed through with the brutal murder of a 14 year old girl.
Nearly one year after her death on April 16th, 2026, D4vd is arrested and charged with first degree murder. By inviting Celeste to his home, he created an opportunity to ambush and kill the young teen, fitting the legal definition of “lying in wait.”
The trial is occurring in California, where a first-degree murder charge carries a sentence of 25 years to life. If a defendant is also found guilty of “lying in wait” the possibility of parole is removed. They will spend their life behind bars, and the court decides if they die of natural causes or execution.
Worried About Your Safety? You Need An Order Of Protection
If there is someone in your life that has threatened you or physically harmed you, and you feel unsafe in your current situation, consider filing an order of protection. This can prevent an abuser from escalating an already dangerous situation where your life is at risk.
If you need help, Hickey & Hull Law Offices can guide you through the process and file the necessary paperwork. Start by scheduling a consultation to discuss your concerns and find out how our attorneys can help you feel safe and secure again.