If you’ve been charged with or accused of murder then you’re likely terrified and worried about your future. Your next phone call should be to a murder defense lawyer in Fresno CA who can help. If you’re in this situation, call Chambers Law Firm right away at 714-760-4088 for a free case evaluation. Otherwise, read on to learn about the main differences between first degree murder and second degree murder in California.
First degree murder defined
California law defines first degree murder as the unlawful killing of a person in which the accused acted willfully, deliberately, and in a premediated manner. Felony murders are also first degree murder. What is felony murder? If you are committing another felony, for example a burglary, and someone is killed in the process then you can be charged with first degree murder even if you didn’t intend to kill the person.
The highest possible murder offense is capital murder, also known as first degree murder with special circumstances. There are a number of special circumstances, including murdering more than one victim, getting financial compensation in exchange for a murder, murdering a child six years old or younger, murdering a law enforcement officer, murdering someone based on their race or religion, or murdering a person to prevent them from being a witness against you in another case.
Punishments for first degree murder
As a murder defense lawyer in Fresno CA, Chambers Law Firm is very clear about the potential consequences of a conviction of first degree murder and you should be too: 25 years to life in prison. In fact, if you’re convicted of a capital murder, then the only options are death penalty or life in prison without possibility of parole.
Second degree murder defined
In order to be convicted of second degree murder the prosecutor must prove that there was malice and that the defendant was acting with intention. However, the main difference is that it doesn’t require the prosecution to prove that you were acting deliberately and with premeditation. For example, getting into a fight and using a deadly weapon like a gun, swimming a bat at someone and accidentally hitting them, shooting into a crowded room and accidentally killing someone, or driving dangerously.
Basically, second degree murder covers any type of murder or homicide that isn’t covered by the definition of first degree murder. A person who’s convicted of first degree murder can fact anywhere from 15 years to life in prison.
Contact a murder defense lawyer in Fresno CA today
At Chambers Law Firm, we understand what a difficult time this is for you. It may seem that everyone has judged you and already decided that you’re guilty. When you choose Attorney Chambers as your murder defense attorney in Fresno CA, you can count on every associate in our office to treat you with the compassion and respect you deserve.
We can offer you a free case evaluation. During this time, we’ll get some basic information from you and lay out your options to move forward. Call us today at 714-760-4088 to learn more about your options.
