(Image source: Wikimedia Commons ) BY NICHOLE CARTMELL ANCHOR LAUREN ZIMA Oscar Pistorius is now facing a premeditated charge for the fatal shooting of his girlfriend, Reeva Steenkamp — a charge Pistorius flatly denies. In a bail hearing Tuesday he said... "I fail to understand how I could be charged with murder, let alone premeditated murder, as I did not intend to kill my girlfriend.” In an affidavit read by his lawyer, Pistorius said he heard a noise in his bathroom and believed an intruder had entered the house. Feeling vulnerable without his prosthetic legs, he grabbed his 9mm pistol, and fired shots at the locked bathroom door. [Video: The Guardian ] Pistorius says Steenkamp died in his arms. But the prosecution is sticking to its story, saying Pistorius planned everything. It argues Pistorius put on his prosthetic legs and armed himself, then walked the roughly 20 feet to the bathroom and fired his gun four times into the door, three of which struck his girlfriend. The prosecution is now treating the murder charge against Pistorius as a premeditated murder. ABC News legal analyst Dan Abrams says this will make it very difficult for Pistorius to receive bail. “Because the court is ruling that there does seem to be premeditation... now he has the burden to demonstrate why he should be released. And that is a much, much harder case to make.” But Pistorius’ lawyer argues there was no sign of motive. The evidence in contention is why Steenkamp locked herself in the bathroom in the first place — was it for a reason, or did she simply lock the door? But the prosecution says the motive is clear . “If I arm myself, walk a distance and murder a person, that is premeditated. The door is closed. There is no doubt. I walk seven meters and I kill.” And the whole ordeal seemed to get an emotional reaction out of Pistorius. NBC News reporter Michelle Kosinski , who was sitting in front of him in the courtroom, points out …   “I could hear him crying. When I would turn around I could see his body shaking. In fact, throughout this hearing every time lawyers would detail the alleged crime he would break down, hiding his face in his hands.” The court adjourned until Wednesday without ruling on whether Pistorius would be granted bail.