Homicide Defense in California
- Nov 27, 2020
- 3 min read
Find the right California homicide lawyer, your future is at stake.
If you have been arrested and charged in California with homicide, you should immediately get an unbiased referral to a pre-screened and reputable California criminal defense attorney. There are many advantages when you hire your own attorney VS working with a California public defender.
A California Bar Certified lawyer referral service will connect you with local attorneys who have been vetted and monitored for ethics, performance and fair legal fees. In California, murder sentences deliberately bear harsh and heavy penalties.
Being Charged With Homicide in California
Homicide, either lawfully or illegally, is characterized by law as the act of killing another human. Two forms of criminal homicide exist: murder and homicide.
Murder is a murder in which the individual intends to kill. Specifically, murder is classified under Section 187 of the California Penal Code as one person killing someone else (including a fetus) with malice in mind. The intention or desire to do evil is characterized as malice. Therefore, express malice is where one person has a premeditated intention to kill another person, and implied malice is where one person, without any provocation from the other person, wanted to do some kind of bodily harm or endanger another person's existence.
Manslaughter happens when someone kills another person but does so without premeditation. The State of California has varying degrees of manslaughter.
Being Charged With Murder in California
In California, there are three kinds of murder charges: first-degree murder, second-degree murder, and capital killing.
Under the California statute, first-degree murder and felony murder bear somewhat similar sentences. In California, first-degree murder is described as a premeditated killing with the forethought of malice. The murder of a felony is like any murder or death that occurs during the commission of a felony crime, such as robbery, abduction, carjacking, assault, sodomy, drive-by shooting, theft, or any other crime. For first-degree murder, the sentence in California is 25 years to life in jail.
Murder in the second degree requires malice and motive, but before the murder, it does not require any sort of premeditation or deliberation. Basically, in California, second-degree murder is any murder that is not either first-degree murder, felony murder, or capital murder. For second-degree murder, the sentence in California is 15 years to life in prison.
Capital Murder is "special circumstances murder." There are over 20 scenarios that may be charged with capital murder, but some of the most common include murder for financial gain, murder of a public official, murder in a hate crime, murder of a victim to keep them from testifying, and murder to help a street gang. In California, the penalty for capital murder may be life in jail without parole or capital punishment.
California Manslaughter Charges
In the state of California, there are three types of manslaughter charges: voluntary, involuntary, and vehicular manslaughter.
Voluntary manslaughter is when one individual willfully and knowingly kills another person, but without any premeditation. These forms of cases involve killings "in the heat of the moment." A conviction will bring up to an 11-year prison term for voluntary manslaughter.
The killing of another person without any intent to kill or malice, but with deliberate disregard for human life, is involuntary manslaughter. California's punishment for involuntary manslaughter carries up to a four-year prison sentence.
The killing of another person in the act of driving is vehicular manslaughter. Depending on the case's facts and circumstances, vehicular manslaughter may be charged as either a misdemeanor or a felony.
How To Find Honest And Reputable California Homicide Lawyers?
You should immediately consult with a pre-screened Los Angeles homicide attorney with experience in California criminal defense law.
You can submit a request online 24 hours a day. Free case review within 15 minutes.
By chat, you'll be connected with a California homicide lawyer within 5 minutes.
By calling the 24-hour lawyer referral hotline at 1-661-310-7999
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