There are a number of factual and legal defenses possible to murder charges.
In California and across the United States, murder is generally considered to be the most serious of crimes. Taking another person’s life can lead to the state taking your life (capital punishment), or to a sentence of a lifetime in prison. But even if you have been charged with this incredibly grave offense, there are potential defenses. With the assistance of an experienced murder defense lawyer Santa Ana CA, it is possible to defend yourself against first-degree and second-degree California murder charges.
First, it is important to understand how California defines the crime of murder. Under the law, murder is the “unlawful killing of a human being or fetus with malice aforethought.” Malice aforethought is a legal term that means that a person acted with wanton disregard for human life, committing an act that involves a high degree of probability that it will result in death.
There are two types of murder in California: first-degree and second-degree murder. First-degree murder is charged whenever a killing is carried out (1) through a destructive device, weapon of mass destruction, armor-piercing ammunition, poison, lying in wait, or torture; (2) is done in a way that is willful, premeditated or deliberate; or (3) is done during the commission of certain serious California felony crimes (i.e., is subject to the felony murder rule). All other forms of murder are considered second-degree murder.
As a murder defense lawyer Santa Ana CA can explain, potential punishments for murder charges depend on the conviction. First-degree murder charges are punishable by 25 years to life in California state prison. If the conviction was based on a hate crime, then the sentence may be for life without the possibility of parole. If a defendant is convicted of capital murder, then he or she will be sentenced to the death penalty or life without the possibility of parole. For second-degree murder, the potential punishment includes 15 years to life in state prison, with potential enhancements based on the facts of the case.
While these penalties are severe, there are multiple defenses to California murder charges. A seasoned murder defense lawyer Santa Ana CA can put forth a number of defenses, including:
- The killing was committed in self defense or in defense of another;
- The defendant is not guilty by reason of insanity;
- The killing was accidental;
- A confession that was obtained was false and/or coerced;
- Evidence that was seized was obtained illegally and must be suppressed; and/or
- Witnesses falsely identified the defendant.
Each of these defenses must be carefully crafted, and can only be used in specific circumstances. For example, to use “self defense,” a defendant must have believed that he was in imminent (immediate) danger of being killed, suffering great bodily injury, or being raped, maimed robbed or the victim of another violent crime — and then used reasonable force to prevent that from happening. A knowledgeable murder defense lawyer Santa Ana CA can assess the facts of your specific case to determine if any of these potential defenses can be used.
At the Chambers Law Firm, our team of legal professionals understand how the system works, and we put our knowledge to work for you. Our top notch murder defense lawyer Santa Ana CA
will aggressively defend you against California murder charges and work hard to secure you the best possible outcome for your case. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
