If you have been charged with murder, then you need an experienced murder defense attorney. Other criminal defense attorneys might be willing to take on your case but Chambers Law Firm specializes in high-stakes felonies such as your murder charge.
Keep reading to learn about the difference between second-degree and first-degree murder, and some defense options, then contact Chambers Law Firm at 714-760-4088 if you require a free legal consultation.
What distinguishes second-degree murder from first-degree murder?
To achieve a first-degree murder conviction, a prosecutor must first establish that an accused committed murder (or second-degree murder for that matter).
According to California law, a person commits murder when they do all of the following.
- The defendant does anything that results in the death of another person (or a fetus)
- The defendant acts with a mental state known as “malice aforethought”
- the accused killed without any legal cause or explanation (for instance, self-defense)
Once a prosecution establishes that a defendant committed murder, California penal code states that a person commits first-degree murder if they:
- Use a specialized lethal weapon, such as an explosive or destructive device, a weapon of mass destruction, or poison
- Were lying in wait
- Inflict torture in violation of PC 206,
- Willfully planned an intentional and purposeful killing
- Committed murder under the felony-murder rule
Any type of murder that does not qualify as first-degree murder is second-degree murder.
In California, first-degree murder is a felony publishable by death, incarceration for life without the possibility of parole, or incarceration for 25 years to life.
The most effect defense options to murder charges
A defendant or his or her criminal defense lawyer can assert a legal defense to a murder charge. Defendants can use a few successful defenses, such as demonstrating that they:
- Were acting in self-defense
- At the time of the murder, were legally insane.
- Were pressured into confessing
- Were apprehended during an unlawful search and seizure
- Accidentally killed
In the case of the latter, keep in mind that an accident might be used as a legal defense to murder if the defendant had no malicious desire to do damage, was not being irresponsible, and at the time of the killing, he was elsewhere engaged in legitimate conduct.
Contact us now for a free legal consultation
Whether you have been arrested for or simply accused of murder or another high-stakes crime, you need to talk to an attorney as soon as possible. You can contact Chambers Law Firm at 714-760-4088 now for a free legal consultation. We can go over the basics of your case and help you determine how to best move on.
