MURDER

Murder Charges | Murder Conviction

HOMICIDE and MURDER
To commit a “Homicide” is to kill someone, either lawfully or unlawfully. Murder is not the same as Homicide. Homicide includes murder, manslaughter and lawful killing. Homicide is divided into different categories. The penalty for committing a Homicide depends on the circumstances surrounding the victim’s death. There are five levels / types of Homicide:

First-Degree Murder
Second-Degree Murder
Voluntary Manslaughter
Involuntary Manslaughter
Lawful Killing (example-justifiable killing of a suspect by a police officer)

Murder is killing someone (including a fetus) with malice, traditionally called “malice aforethought”. There are two types of murder: murder in the first degree and murder in the second degree. Murder is defined in the California Penal Code under section 187.

Malice means to intend to kill or cause bodily injury or to act with gross recklessness. All murders require proof of malice. First-Degree murder requires malice and premeditation. Malice can be “Express” or “Implied”:

Express malice – the defendant intends to kill the victim
Implied malice – the defendant Intends to cause serious bodily injury or to commit an act that clearly endangers life, without valid provocation

First-Degree Murder is an unlawful killing that is willful, deliberate, and premeditated. “Felony Murder” is also first-degree murder. Felony Murder includes murder while committing or attempting to commit arson, burglary, robbery, mayhem, carjacking, kidnapping, train wrecking, rape, sodomy (and a variety of other sex crimes) or a drive-by shooting. The punishment for first-degree murder is 25 years to Life.

First-Degree Murder with “Special Circumstances” is the highest level homicide offense. California Penal Code section 190.2 describes these special circumstances (also referred to as “enhancements”). They include: murder for pay, murder of a police officer and murder of a child under the age of six. The penalty for first-degree murder with special circumstances is Death or Life without the possibility of Parole (LWOP).

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 or gun in a fight that results in death, without a valid defense
Swinging a baseball bat at a victim that accidentally hits a victim in the head 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 the death of a passenger or a fellow speeder

The punishment for Second-Degree Murder is 15 years to Life.

MANSLAUGHTER
Manslaughter is the killing of a person without malice or premeditation. Manslaughter is divided into two grading categories, Voluntary and Involuntary.

Voluntary Manslaughter is the killing of another person in a “sudden heat of passion” in response to legally adequate provocation. The punishment for Voluntary Manslaughter is 3 to 11 years.

Involuntary Manslaughter is the unintentional killing of another person that is neither murder nor voluntary manslaughter but is still criminal. There are two types of involuntary manslaughter cases:

Recklessness or Negligence – This type of Involuntary manslaughter is a felony and is described as “gross” negligence or “willful and wanton” negligence. The punishment for this type of manslaughter is 2 to 4 years.

Misdemeanor Manslaughter – Any death that occurs during the commission of a misdemeanor or unlawful act (not amounting to a felony) is misdemeanor manslaughter. The punishment for misdemeanor manslaughter is a maximum of one year in county jail.

EXPERIENCED, AGGRESSIVE REPRESENTATION
Experienced, aggressive criminal defense attorneys know how to use numerous available defenses in a murder/homicide case to improve the outcome. These include:

Self Defense – If the defendant was trying to keep himself or someone else from being seriously injured when the homicide occurred, the homicide is considered justified.
Mental Capacity Defenses (most commonly known as the “insanity defense”) – These defenses can be used when a defendant, because of mental health issues, cannot develop the intent that it takes to commit murder.
Manslaughter as a defense – If a homicide has been committed when the defendant was acting “in the heat of passion,” a murder charge can be reduced to manslaughter. In order for this defense to work, the defendant must prove that he was provoked to a degree that he was unable to control himself.
False Confession as a defense – False confessions can be obtained from witnesses through coercion, deception and/or threats. A false confession can be extremely damaging to a defendant, if it is not discovered and exposed.

A thorough investigation is the key to successfully using a defense in a murder/homicide case. At Stephen G. Rodriquez & Associates, we leave no stone unturned. Starting early in the process, we working with some of the best and most respected investigators in the business, interviewing all potential defense witnesses and uncovering the maximum amount of evidence to support a potential defense.

YOU NEED THE BEST DEFENSE
In all murder/homicide cases, prosecutors will use all their resources and influence they have to get a conviction. Without the assistance of an experienced criminal defense attorney, defendants in homicide cases face serious and sometimes overwhelming challenges. Any misstep in the process – pre-trial hearings, investigations, preliminary hearing, negotiations, motions, trial, sentencing – can have profound, lifelong effects for the defendant.

If you have been charged with a homicide, it might seem like the prosecutors have the advantage. Having an experienced and skilled criminal defense attorney is especially critical in a homicide/murder case. The right criminal defense attorney can level the playing field. At Stephen G. Rodriguez & Associates we will put our 90 plus years of combined criminal defense experience to work for you.

For a free consultation, call Stephen G. Rodriguez at the firm's Los Angeles, California office at 213-388-8824, or toll-free at 800-788-8557.

Law Offices of Stephen G. Rodriguez
633 West 5th Street
26th Floor
Los Angeles, California 90071

Telephone
(213) 223-2173
Email: info@lacriminaldefenseattorney.com

Stephen G. Rodrigues & Associates represents clients in the Southern California (CA) region, including Los Angeles, Beverly Hills, Santa Monica, Hollywood, San Fernando Valley, Orange County, Santa Ana, Fullerton, San Diego, Santa Barbara, Ventura County, Kern County, Bakersfield, San Bernadino, and Riverside County.

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