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Homicides
California Homicide and Murder Defense Lawyer
Being charged with homicide in California is an incredibly serious matter that requires experienced, aggressive legal representation. Homicide involves the killing of a human being by the act or omission of another person. Depending on the circumstances, homicide charges can range from murder to manslaughter, and a conviction can carry life-altering consequences.
At the Law Office of Ronald G. Brower, we specialize in defending individuals charged with homicide offenses. Our homicide and murder defense lawyers understand the severity of these charges and the impact they can have on your life. Our experienced team works tirelessly to provide the best possible defense to protect your rights and your future.
California Murder Charge
Homicide encompasses a range of charges, including a murder charge and a manslaughter charge. However, homicide is not automatically a criminal act—when there is no evidence of criminal intent, a death may not result in a charge of homicide. For example, a death caused by an accidental discharge of a firearm or a fatality resulting from a lawful self-defense act may not qualify as homicide under California law. In California, Penal Code §187 defines murder as the unlawful killing of another human being with malice aforethought (intent).
First-Degree Murder
First-degree murder is the most severe form of homicide and involves premeditation and deliberation. In this case, the killing was planned ahead of time, and the defendant had the intention to carry out the murder. Additionally, any murder that occurs during the commission of an inherently dangerous felony (such as robbery, arson, or burglary) is considered first-degree murder, regardless of premeditation or deliberation.
Second-Degree Murder
Second-degree murder includes any unlawful killing that does not meet the criteria for first-degree murder. It is typically characterized by malice aforethought but lacks the elements of premeditation or deliberation.
In certain cases, the state may seek the death penalty for particularly heinous murders. California law allows the death penalty for crimes such as murder…
- Committed for religious or racist reasons.
- Of a police officer, federal officer, or judge.
- Involving the use of a bomb or another destructive device.
Manslaughter
Manslaughter is another form of homicide, but it differs from murder in that it involves lesser intent. It is typically divided into two categories:
- Voluntary Manslaughter: This involves an intentional killing, but the defendant was provoked in a way that would cause a reasonable person to lose self-control. A conviction for voluntary manslaughter carries a sentence of 3 to 11 years in prison.
- Involuntary Manslaughter: This occurs when a person kills another without malice or intent but in the commission of an unlawful act (such as a misdemeanor) or through gross negligence. Involuntary manslaughter carries a penalty of 2 to 4 years in state prison.
Murder Defense Lawyers
The prosecution has the burden of proving that you committed homicide beyond a reasonable doubt. This is a high standard, and experienced murder defense lawyers will work to challenge the prosecution’s case and protect your rights. Some common defense strategies in homicide cases include:
- Self-Defense: If you were acting to protect yourself or others from imminent harm, you may have the right to use deadly force under California law. We can argue that the killing occurred during a legitimate act of self-defense.
- Lack of Intent: For charges like second-degree murder or manslaughter, we can challenge the intent element, arguing that the killing was accidental or occurred in the heat of the moment without premeditation.
- False Allegations: In some cases, individuals may be falsely accused of homicide due to mistaken identity, misunderstandings, or bias. We will investigate your case thoroughly and challenge any inaccuracies or inconsistencies in the evidence.
- Insufficient Evidence: A strong defense often involves attacking the prosecution’s evidence. Whether it’s questioning the reliability of witness testimony or finding holes in physical evidence, we will leave no stone unturned in defending your case.
- Diminished Capacity: In certain situations, we may argue that you lacked the mental capacity to form the intent required for a murder conviction. This defense is often used in voluntary manslaughter cases where the defendant was provoked or acted impulsively.
Reach Out to Our Homicide Defense Lawyer
A homicide charge is one of the most serious criminal charges an individual can face, and it can have life-altering consequences. First-degree murder and second-degree murder carry severe penalties, including long prison sentences or even the death penalty. Manslaughter, though less severe, still carries lengthy prison terms.
Having an experienced homicide defense lawyer by your side is essential. At The Law Office of Ronald G. Brower, we have extensive experience handling homicide cases and have a proven track record of providing effective, aggressive defense strategies. We are committed to fighting for your rights, whether through challenging the charges, negotiating a plea deal, or taking your case to trial. Let us help you with the complexities of homicide law and work towards the best possible outcome in your case.