| Murder |
Murder, as defined in common law countries, is the unlawful killing of another human being with intent (or malice aforethought), and generally this state of mind distinguishes murder from other forms of unlawful homicide (such as manslaughter). As the loss of a human being inflicts enormous grief upon the individuals close to the victim, as well as the fact that the commission of a murder is highly detrimental to the good order within society, most societies both present and in antiquity have considered it a most serious crime worthy of the harshest of punishment. In the US, a person convicted of murder is typically given a life sentence or even the death penalty for such an act. In other western countries the punishment is generally much more lenient. A person who commits murder is called a murderer; the term murderess, meaning a woman who murders, has largely fallen into disuse.
Punishments for these crimes range from county jail time and fixed state prison sentences of 15 or 25 years to life in state prison. For "special circumstance" killings, the punishment may be life without possibility of parole or the death penalty. The firm offers a wealth of innovative experience in the defense of homicide cases of all kinds, including:
- Manslaughter
- Voluntary and involuntary manslaughter
- Vehicular manslaughter
- Drunk driving murder
- First degree murder
- Second degree murder
- Capital crimes
For people who have been accused of a death penalty crime, it is important to have an attorney familiar with these complex cases. Our Pre-Screened Criminal Defense Attorneys are recognized for excellence in delivering the highest quality advocacy in capital murder cases, the most serious and complex of all criminal litigation. When someone is the suspect of a homicide investigation, it is important to obtain the services of a lawyer as soon as possible. An accused person cannot afford to make a mistake when facing legal prosecution for a capital crime.
Preparation for a murder defense is vital, our murder defense attorneys draw on state-of-the-art forensic technologies and experts to assist in building the most effective defense possible. While the needs of each case vary, our murder defense attorneys have at their disposal experts in:
- Forensic accounting
- Ballistics and firearms
- Fiber analysis
- DNA analysis, including blood, saliva, and hair samples
- Fingerprint, footprint and tool mark identification
- Pathology
- Serology
- Effects of drugs and alcohol
- Psychiatry and psychology
- Pharmacology
- Polygraph analysis
- Toxicology
- Voice and eye-witness identification
- Accident reconstruction
- Many other disciplines calling for specialized training and experience.
Murder and Manslaughter Charges in California
Homicide is actually a category of crimes that includes first-degree murder (a premeditated killing), second-degree murder and manslaughter. In California, even a killing that wasn't intentional may be treated as a first-degree murder if it happened during an inherently dangerous felony, which can include rape, carjacking, robbery, arson, kidnapping, burglary or mayhem. This is called the felony-murder rule.
A conviction of first degree murder carries a sentence of 25 years to life in prison. Using a firearm to commit murder or any other felony can increase the sentence by 3 to 10 years. And if certain special circumstances are proven, the prosecution can ask for the death penalty. These circumstances include murder during the commission of another felony; the murder of a law enforcement officer or judge; murder committed after lying in wait; murder by a destructive device like a bomb; or murder committed for racial or religious reasons.
There are three degrees of manslaughter, which carry different punishments. Voluntary manslaughter is an intentional killing that happened either because of "adequate provocation" or in an unreasonable attempt at self-defense. A voluntary manslaughter conviction carries a sentence of 3 to 11 years in prison. Involuntary manslaughter is an unintentional killing that happened during the commission of a misdemeanor or because of gross negligence (carelessness). Involuntary manslaughter carries a sentence of 2 to 4 years. Finally, vehicular manslaughter is an unintentional killing that takes place after an unlawful act committed while driving a motor vehicle. Vehicular manslaughter can be prosecuted as either a felony or a misdemeanor.
Kidnapping is the forcible taking of another person from one location to another against their will. It carries a sentence of 3 to 8 years in prison, but if the victim is under the age of 14, the sentence can increase to 11 years. Kidnapping for the purpose of robbery, ransom or rape is punishable by life in prison. First-degree robbery is a forcible taking of property from any person in a dwelling or at an ATM, or from any bus or taxi driver and their passengers. It carries a sentence of 3 to 9 years. All other robberies are second-degree robberies punishable by 2 to 6 years in prison. Carjacking is the forcible taking of a vehicle in someone else's possession. It carries a sentence of 3 to 9 years, but if someone is killed, prosecutors can ask for the death penalty. Rape is sexual intercourse committed by force, threat or trickery, or committed against someone who the accused knows is unable to consent. The sentence is 3 to 8 years.
Knowing the elements of each crime that the prosecutor must prove is critical when ou are accused of a serious crime. If the lawyer that you retain to defend you is not familiar with all of the legal defenses to these crimes you could find yourself doing time in prison for a crime that you did not legally commit. At Wallin and Klarich we pride ourselves in working together as a team so we are able to get the best results possible in all of our serious felony matters.
In the event that our clients are legally guilty of a serious crime then our pre-screened attorneys have extensive training and experience in sentencing, allowing them to work within the system to help you. All of our criminal defense attorneys have a good track record of winning reduced sentences in serious criminal cases. If you or a loved one is charged with a serious violent crime, call for a free referral to a pre-screened criminal defense attorney.
California Murder and Manslaughter Criminal Defense Attorney Referral Service 800-723-1391
|
|
| |
| |
Untitled Document  | | | | | | OTHER OPTIONS | | | | | | | | | |
|
