Murder Defense Lawyer in Los Angeles

Arrested for murder? Hire a firm with 50+ years of experience.

If you have been accused of murder in Los Angeles, your future is on the line. A first-degree murder conviction can result in life imprisonment without the possibility of parole. The death penalty may even be imposed in certain cases, though an inmate has not been executed in California since 2006. The future of capital punishment in our state is currently in doubt, but defendants are still sentenced to death and may face years or decades on death row while waiting to see if their sentences will be carried out.

Regardless of whether you are facing capital punishment or life imprisonment, it is imperative that you have an effective lawyer by your side. At Stephen G. Rodriguez & Partners, we have more than 70 years of combined experience and know exactly what it takes to fight for our clients' freedom. In fact, our firm is backed by an impressive record of successful case results.

Don't wait any longer to get the help you need; contact our office today to schedule your free consultation.

Challenging First & Second Degree Murder Charges

To commit a "homicide" is to kill someone, either lawfully or unlawfully. Murder is one type of homicide and is the most serious criminal offense associated with this act. According to California Penal COde §187, murder is defined as killing someone (including a fetus) with malice aforethought. This may be described as the intent to kill or cause bodily injury or to act with a wanton disregard for human life.

In the face of allegations, a criminal investigation or formal charges involving murder, the most important thing that you can do is retain the services of a competent attorney. Only the most highly skilled murder defense lawyers in Los Angeles can mount an effective defense against such serious charges. At Stephen G. Rodriguez & Partners, we are confident in our ability to successfully handle these cases.

First-Degree Murder Law in California

First-degree murder is an unlawful killing that is willful, deliberate and premeditated. "Felony murder" is also considered to be first-degree murder. Felony murder includes any murder that is carried out while committing or attempting to commit another felony offense like burglary, robbery, mayhem, carjacking, arson, kidnapping, train wrecking, rape, sodomy (and a variety of other sex crimes) or a drive-by shooting. First-degree murder with "special circumstances" is the highest-level homicide offense.

The punishment for first-degree murder is 25 years to life in prison. The penalty for first-degree murder with special circumstances, also known as "capital murder," is death or life in prison without the possibility of parole (LWOP). The first-degree felony murder rule could also apply to your case if another person was killed in the commission of a different felony offense, like kidnapping, robbery, carjacking, arson, torture, mayhem, etc.—even if the death was not in furtherance of the underlying felony.

Second-Degree Murder Law in California

Second-degree murder also requires malice and acting intentionally, but it does not require premeditation and deliberation.

Examples of second-degree murder include:

• Using a deadly weapon in a fight that results in death, without a valid defense
• Swinging a baseball bat at a victim that accidentally hits them and results in death
• Shooting a gun without intent to kill into a crowded room and killing someone
• Driving a car in an extremely dangerous manner that results in another's death

Essentially, second-degree murder is any murder that isn't defined as first-degree murder. The punishment for second-degree murder is 15 years to life in prison.

Additional Penalties That May Be Imposed

Apart from being sentenced to several decades in prison, you could face a wide range of other legal penalties if you are convicted of first or second-degree murder in the state of California. If a firearm was used in the commission of the murder, 10, 20 or 25 years could be added to your sentence. You would also receive a "strike" on your criminal record upon conviction, and may be asked to pay victim restitution and fines up to $10,000. Furthermore, you would lose the right to own or possess a firearm.

Legal Defenses to Murder Charges

In California, several legal defenses can be used to challenge murder charges. These defenses vary based on the facts of each case, but here are some of the most common ones:

• Self-Defense or Defense of Others: One of the most frequently used defenses in murder cases is self-defense or the defense of others. Under California law, a person is justified in using deadly force if:
  • They reasonably believe they are in imminent danger of being killed or suffering great bodily harm.
  • The force used was necessary to prevent the harm.
  • The defendant used no more force than necessary to protect themselves or others. If the defendant can show that they acted in reasonable self-defense, the murder charge may be dismissed or reduced.
• Accident or Lack of Intent: For a murder conviction, the prosecution must prove that the defendant acted with malice aforethought (i.e., the intent to kill or cause serious harm). If the defendant accidentally caused someone’s death without intending to, this can serve as a defense. Accidents that happen in the absence of criminal negligence or unlawful activity may lead to acquittal.
• Insanity Defense: The insanity defense asserts that the defendant was not mentally capable of understanding the wrongfulness of their actions at the time of the murder. Under California's M’Naghten Rule, a person is considered legally insane if:
  • They did not understand the nature of their act, or
  • They were incapable of distinguishing right from wrong. If the defendant is found legally insane, they may be committed to a mental institution rather than a prison.
• Lack of Sufficient Evidence: In many cases, the defense may challenge the prosecution's evidence to create reasonable doubt. The burden of proof lies on the prosecution to prove guilt "beyond a reasonable doubt." If the defense can show that the evidence is weak, inconsistent, or insufficient, they can argue that the prosecution has failed to meet its burden.
• Mistaken Identity: A defendant can claim they were wrongfully identified as the perpetrator. This defense often involves questioning witness reliability, improper identification procedures (e.g., suggestive police lineups), or using alibi evidence to show the defendant was elsewhere at the time of the crime.
• False Confession or Coerced Confession: In some cases, individuals may confess to a crime they did not commit due to police coercion, threats, or misleading interrogation techniques. If the defense can prove that the confession was not voluntary, it may be excluded from evidence, weakening the prosecution's case.
• Imperfect Self-Defense: While different from traditional self-defense, imperfect self-defense applies when the defendant mistakenly believed they were in imminent danger and used force, but their belief was unreasonable. Although this defense does not result in an acquittal, it may reduce the charge from murder to voluntary manslaughter, which carries less severe penalties.
• Provocation: Provocation may reduce a murder charge to voluntary manslaughter. If the defendant acted in a heat of passion after being provoked by the victim, and their reaction was immediate and without premeditation, the charge may be downgraded. For this defense to work, the provocation must be enough to cause a reasonable person to lose self-control.
• Duress: Duress is a defense when a person commits a crime because they were forced to do so under the threat of imminent harm or death. While this defense is not typically available in murder cases under California law, it may apply in some cases if the defendant can prove that they committed the act under extreme pressure or coercion.
• Intoxication: Voluntary intoxication (from alcohol or drugs) is not usually a defense to murder, but in some cases, it can negate specific intent. For example, if the defendant was so intoxicated that they could not form the intent to kill (required for first-degree murder), it could reduce the charge to a lesser offense like manslaughter.
• Alibi: An alibi defense argues that the defendant was not at the scene of the crime when it occurred. By providing evidence such as witness testimony, video surveillance, or other records proving the defendant’s location, they can establish that they were not involved in the murder.
• Necessity: The necessity defense applies when a defendant commits an otherwise criminal act to prevent a greater harm. In murder cases, this defense is rare and difficult to prove, but it may arise in extreme situations where the defendant believed killing was the only way to avoid a more serious outcome, like preventing a mass casualty event.

Our Firm Will Be By Your Side from Start to Finish

In murder cases, prosecutors will use all of their resources and influence to get a conviction. Without the assistance of an experienced criminal defense attorney, defendants face serious and sometimes overwhelming challenges. Any misstep in the process – pre-trial hearings, investigations, preliminary hearing, negotiations, motions, trial or sentencing – can have profound, lifelong effects for the defendant. If you have been charged murder, it might seem like the prosecutors have the advantage.

Having an experienced and skilled criminal lawyer is critical. The right attorney can level the playing field, protecting your constitutional rights and seeking the best possible result. To find out how we can help, contact a Los Angeles criminal defense attorney at Stephen G. Rodriguez & Partners. As soon as you contact our firm for a free initial consultation, we can put seven decades of combined experience to work for your defense.

Don't wait any longer to take the first step! Call now at (213) 481-6811.