There is no other crime that shocks the conscious like murder. All local news media will make a suspected homicide their number one story and once that occurs any party they deem responsible will be viewed and treated as if they are guilty. It takes a highly skilled criminal defense attorney to help navigate you and your family through these difficult times. If you or your family are faced with such a horrific allegation you will need to be represented by a law firm that has experience dealing with such sophisticated cases. It takes a tremendous amount of experience and effort to help individuals faced with such difficult charges, fortunately our firm has what it takes to help you and your loved ones when they need it the most.
Homicide can be charged in several different ways, ranging from manslaughter to capital murder. In some cases, with the help of a very skilled defense firm with significant resources, a murder charge could be reduced to manslaughter, or even dismissed due to various legal issues or insufficient evidence.
Homicide Law Defined:
Homicide is the killing of one human being by another, either lawfully or unlawfully. Homicide includes a charge of murder and manslaughter. A killing of another may be lawful if it was done in justifiable self-defense of oneself or in defense of another.
Murder Law Defined:
Murder is defined as the unlawful and unjustified killing of another human being with malice aforethought (California Penal Code 187). “Malice aforethought” is defined as an intention to unlawfully kill another. Intention can be express such as pointing a gun at another person and stating I'm going to kill you before pulling the trigger, or it can be implied. Implied can be a reckless disregard for human life, such throwing objects from a freeway overpass onto traffic.
Manslaughter Law Defined:
Manslaughter is the unlawful killing of a human being without malice aforethought (California Penal Code Section 192). Manslaughter can be either voluntary or involuntary. Manslaughter can be the result of accident, heat of passion, or any other act which the person does not have the mental state to commit murder either expressed or implied.
Vehicular Manslaughter Law Defined:
Vehicular Manslaughter is when a person drives a vehicle and unintentionally but still unlawfully kills another person. This may occur if a person runs a red light or drives through a stop sign and as a result an accident occurs and someone dies.
Voluntary Manslaughter Law Defined:
Voluntary Manslaughter (California Penal Code 192(a)) is when a person kills another without planning beforehand i.e. in the heat of passion. Heat of passion may occur when a person finds their husband or wife having sex with another person and commit the act of murder immediately while still in the heat of passion. Of course the law defines heat of passion and there are exceptions and hurdles that must be overcome in order for a charge to be reduced from Murder to voluntary manslaughter.
Involuntary Manslaughter Law Defined:
Involuntary Manslaughter (California Penal Code 192(b) in essence is a death resulting from a criminally negligent act. This can occur when the death of another is a result of an indirect result of recklessness or negligence.
If you or a loved one is charged with Murder do not hesitate and call today for a free consultation. When it matters the most you will want the firm with the most experience.