Homicide is an umbrella term that covers voluntary manslaughter, involuntary manslaughter, first-degree murder, second-degree murder, and other charges. It can feel difficult or impossible to understand the differences between these various charges. Today we are going to outline the basics of second-degree murder. Contact Chambers Law Firm at 714-760-4088 right away if you require a free legal consultation.
The Definition of Second-Degree Murder
First and foremost, let us discuss the basic definition of second-degree murder. It refers to unlawfully killing a human without doing so deliberately and with premeditation, but doing so with malice aforethought. The sometimes confusing “malice aforethought” simply means that a person acted with an intent to commit the act. If this is still confusing, keep reading to see some examples.
Examples of Second-Degree Murder
If this is still not clear, consider these examples. A person fires a gun into a crowded room, and someone is shot and killed. This is second-degree murder. If a person has numerous DUIs on their record and drives drunk again, causing an accident that kills someone, this could be charged as second-degree murder. If a person punches someone hard enough to cause a fatal head injury, it could be charged as second-degree murder.
The Penalties for a Conviction of Second-Degree Murder
In California, second-degree murder is always charged as a misdemeanor and can result in 15 years to life in state prison. If the victim of the murder was a police officer or other protected person, then the minimum sentence is 25 years. If a person has a prior murder conviction on their record, then a subsequent conviction of second-degree murder will have a minimum sentence of life in prison without the possibility of parole.
Defense Options to a Charge of Second-Degree Murder
The right defense for any particular charge of second-degree murder will of course depend on the specifics of the case. However, some of the most common defense options include showing that you were acting in self-defense, that you were legally insane when the murder was committed, that you only confessed because you were coerced to do so, the evidence used to arrest you was obtained unlawfully, or the murder was an accident.
Call Today for a Free Legal Consultation with an Experienced Murder Defense Attorney
If you have been charged with murder or believe that you will soon be charged with murder, contact Chambers Law Firm at 714-760-4088 now to request a free legal consultation. We will go over the facts and help you find the right way forward. No matter how bad the situation might seem, it is always worth getting an opinion from an attorney.
