Murder is defined as the unlawful killing of a human being, or a
fetus, with malice aforethought. The penalties for murder in the state
of California include life imprisonment and the death penalty. The key
to defending a murder case is retaining an experienced attorney as
soon as possible. Whether you are being investigated, are arrested or
know someone who was arrested for murder, an attorney can attempt to
do damage control. Most persons accused of murder believe that talking
to the law enforcement will help their case. To the contrary, a person
accused of any crime should not speak to law enforcement. It is not a
law enforcement's job to protect you. Only an experienced criminal
defense attorney can do damage control and assist in matters of bail
and provide an effective defense. In making your decision to hire a
Los Angeles Criminal Defense Attorney to defend a murder case, you
should make certain the lawyer has extensive trial experience and is
someone you can trust. R.J. Manuelian has extensive murder trial
experience, has a good working reputation with prosecutors and
provides an aggressive defense.
First Degree Murder
First Degree Murder is defined as a murder that is premeditated, or
one that was rationally conceived and planned prior to being acted
out. In California, a person can be charged with First Degree Murder
or First Degree Murder with Special Circumstances. A charge of First
Degree Murder can result in life imprisonment with the possibility of
parole, given good behavior. However, even convicts who are eventually
paroled on life sentences will likely spend decades in custody. A
conviction on a charge of First Degree Murder with Special
Circumstances can result in life imprisonment without the possibility
or parole or the death penalty. Murder suspects should seek the legal
counsel of a qualified criminal law attorney, as the penalties for a
conviction are life changing.
Second Degree Murder
A charge of Second Degree Murder applies to any murder case without
pre-meditation. This may include crimes of passion or any murder in
which the perpetrator did not give rational thought to the outcome of
the act, such as a killing that occurs in a robbery. Though a charge
of Second Degree Murder is less severe than a charge of First Degree
Murder, it is still a stern charge that can carry significant and
long-term penalties.
If you or someone you know has been charged with murder, you should
contact a Los Angeles criminal law attorney from our the Manuelian Law
Firm as soon as possible. We can review your case free of charge and
prepare a customized defense strategy.
Attempted Murder
A person can be charged with Attempted Murder if he or she prepared
for and committed the intentional act of trying to inflict fatal
bodily harm on another individual. Though the charge is less severe
than a murder charge, it can still result in grave penalties. In the
United States, it must be proven that an individual intended to kill
for an attempted murder conviction. An intention to cause bodily harm,
such as in an assault and battery, is not enough to convict on an
attempted murder charge. Since this is a "specific intent" crime, it
is a much harder charge to prove and easier to defend by an
experienced criminal defense attorney.
At The Manuelian Law Firm, we have the experience and knowledge to
help ensure your legal rights are protected. We can work to get your
charges dismissed or your sentence reduced.
Manslaughter
Manslaughter is defined by when you intentionally kill another person
(without a legal excuse for doing so), or act with a conscious
disregard for human life, you either violate California's murder law
or California's voluntary manslaughter law. The key difference between
the two is whether you acted with "malice aforethought".
This means if you acted (a) an intent to kill or (b) a wanton
disregard for human life, you acted with "Malice Aforethought." In
this instance, you can found guilty of murder. If you kill someone
during a sudden quarrel or in the heat of passion, California law
presumes you acted without malice which is means you would get a
reduced charge of voluntary manslaughter.
Voluntary Manslaughter
If a suspect shows an intent or willingness to kill, but circumstances
diminish the individuals' liability, a Voluntary Manslaughter charge
may be filed. Though it can be difficult to determine exactly what
differentiates between a Second Degree Murder and a Voluntary
Manslaughter charge, some possible circumstances that could lead to a
manslaughter charge include:
Provocation – If a person is provoked by the actions of another
individual, and it can be agreed that a reasonable person could lose
control or his or her state of mind and kill as a result of such
provocation, then the suspect may be charged with the lesser charge of
Voluntary Manslaughter, and not murder.
Crime of Passion – Also known as a Heat of Passion crime, this
type of crime could result in a Manslaughter charge, but depending on
the circumstances, may also be grounds for a Second Degree Murder
charge. A crime of passion is similar to a crime caused by provocation
(indeed, some jurisdictions make no differentiation), in that the
crime is caused by the direct actions of another individual, without
forethought. An example of this is where a husband kills his wife
after seeing his wife commit adultery. Another example of a Crime of
Passion is where a person kills another after seeing his or her spouse
committing adultery or a witnesses kills someone after they witness an
attack on a family member.
Involuntary Manslaughter
Also known as Criminally Negligent Homicide, an Involuntary
Manslaughter charge is brought against an individual who is believed
to be directly responsible for the death of an individual even though
he or she had no intention to cause bodily harm. In many cases, an
Involuntary Manslaughter charge is brought against a suspect when he
or she has killed another individual as a result of violating traffic
laws or driving a motor vehicle while drunk or under the influence of
other mind-altering substances. Even though there was no intent to
kill, there existed a disregard for the safety of other individuals.
If you have been charged with murder or manslaughter, a Los Angeles
criminal law attorney from The Manuelian Law Firm can help ensure your
legal rights are protected.
Contact a Los Angeles Criminal Law Attorney
Contact us today to schedule a free consultation with a criminal law
attorney serving Orange County, Riverside County, and greater Los
Angeles. Retaining a criminal law attorney from The Manuelian Law Firm
can help ensure you obtain a fair and speedy trial.
Murder
Manslaughter
Murder
