One of the most frightening experiences anyone can have is being accused of murder or manslaughter. Facing such a serious allegation requires an aggressive and tough defense. The difference between your freedom and spending the rest of your life in prison may come down to having a skilled team of Los Angeles criminal defense attorneys in your corner. We will fight your murder charge with you. Let us put our 70 plus years of combined legal experience to work for you.

CALIFORNIA MURDER LAW

Murder is defined in California Penal Code Section 187 as the unlawful killing of another human being with malice aforethought. Malice aforethought is the express or implied mental state that must be formed before the act that causes death. It does not mean hatred or ill will toward the victim. Malice aforethought may be proven by direct or circumstantial evidence. Malice aforethought may include these states of mind:

• Specific intent to kill
• Intent to cause death or serious bodily harm
• Conscious disregard or indifference to the consequences of an act likely to result in death
• Intent to commit a felony (inherently dangerous felony such as robbery, kidnapping, burglary, carjacking) that results in death (felony murder rule).

Murder is not the same as homicide. Homicide is the killing of one person by another. Homicide includes murder, manslaughter, justifiable or lawful killings (such as lawful self-defense or defense of another, and truly accidental killings). Murder is one category, a subset of Homicide.

First Degree Murder
First degree murder is the most serious type of homicide. First degree murder includes murder with special circumstances, discussed below. In order to convict a person of first-degree murder, the prosecutor must prove the killing was willful, deliberate and premeditated. A person acted willfully if he/she intended to kill the victim. A person acted deliberately if he/she carefully weighed the considerations for and against the killing and, knowing the consequences, decided to kill the victim anyway. A person acted with premeditation if he/she decided to kill the victim before committing the act that caused the victim’s death. Premeditation is a period of reflection, during which time the consequences for and against the act of killing are weighed. Premeditation and deliberation requires no minimum time; it can be done in seconds, or over many years. First degree murder also includes any death (even an accidental one) that results from committing or attempting certain felonies such as rape, robbery, arson, kidnapping, or burglary (felony murder). The punishment in California for first degree murder is twenty-five years to life in prison.

Capital Murder (Special Circumstances Murder)
Capital murder, also known as first-degree murder with special circumstances, refers to murder that is punishable by the death penalty or life in prison without the possibility of parole. The special circumstances are described in California Penal Code section 190.2. These circumstances include: murder for financial gain; murder of a police officer or judge in connection with their official duties; murder of more than one victim; murder perpetrated by a hidden explosive; murder of a witness to a crime; murder by ambush and murder for hire (paying someone to kill someone else).

Second-Degree Murder
All kinds of murders other than those specified as first degree are murders in the second degree. The malice requirement for second degree murder and first degree murder is the same. Second degree murder has no premeditation requirement. Second degree murder includes killings committed by a person driving under the influence of alcohol or drugs, and who has prior DUI/DWI convictions.

Felony Murder
In California, Felony Murder is a rule or doctrine that creates murder liability for participants who commit an inherently dangerous felony and someone dies during the crime. This applies to any death or killing that results during the commission of this felony, whether intentional or accidental. The felony murder rule applies to both first and second degree murder. Inherently dangerous felonies are defined in California law as those felonies that create a substantial risk to human life. First degree felony murder applies to felonies such as, but not limited to: arson, kidnapping, robbery, residential burglary, rape, mayhem and torture. Second degree felony murder includes, but is not limited to: furnishing poison, reckless possession of a bomb, and felony evasion of a peace office.

Manslaughter
Manslaughter is the intentional or unintentional killing of another without malice. Manslaughter can be voluntary or involuntary. Voluntary manslaughter is usually the killing of another person in a sudden heat of passion in response to legally adequate provocation, or in a mistaken belief that lethal self-defense is necessary. Involuntary Manslaughter is the unintentional killing of another person through recklessness or negligence (also called gross negligence, criminal negligence, and/or willful and wanton negligence), or during the commission of a misdemeanor or other unlawful act. One well known case in California regarding felony involuntary manslaughter charges involved Doctor Conrad Murray, who was charged with the unintentional death of Michael Jackson). Involuntary manslaughter can be charged as a felony or a misdemeanor (Misdemeanor manslaughter).

CALIFORNIA HOMICIDE CRIME SENTENCING AND PENALTIES

• First degree Mmrder (without special circumstances): Twenty-five (25) years to life in prison
• First degree murder during the commission of a hate crime: Life in prison without the possibility of Parole (LWOP)
• First degree murder with special circumstances Life without the possibility of parole (LWOP), or death
• Second degree murder (including second degree felony murder) fifteen (15) years to Life in state prison
• Second degree murder with a prior murder conviction: Life in prison without parole (LWOP)
• Second degree murder by shooting from a car or truck : Twenty (20) years to life in prison.
• Second degree murder of a peace officer: Twenty-five (25) years to life in prison, or LWOP.
• Voluntary manslaughter – 3, 6 or 11 years in state prison, and a maximum $10,000 fine
• Involuntary manslaughter (Reckless or Negligent Manslaughter) – 2, 3 or 4 years in state prison, and a maximum $10,000 fine
• Involuntary manslaughter (Misdemeanor Manslaughter) – a maximum of one year in county jail and up to a $1,000 fine.

Life in prison without the possibility of parole means life in prison until death.

Sentencing Enhancements
Depending on the circumstances, additional penalties can be added to a murder or manslaughter prison term, including:

• 10, 20, 25 years to life in prison if a gun is used. The life enhancement applies even if someone other than the person charged with the murder actually fired the gun
• A strike on the defendant’s record
• Victim restitution
• Maximum $10,000 fine.

DEFENSES

Murder investigations and murder cases are rarely straightforward. Thorough investigation and knowledge of the details is critical for a successful murder defense. Rodriguez, Lewis & Kahn will leave no stone unturned in their investigation. At the earliest stage of the case, we work with experienced private investigators to interview the potential witnesses at and around the scene of the crime. We search out potential witnesses, not just the witnesses listed in the police reports. We aggressively investigate until we uncover facts that are favorable to the defense. We review and scrutinize the police investigations, including interviews with the defendant, to ensure that there were no violations of our client’s Constitutional rights. If we find any constitutional violations, then we may file formal motions in court challenging the admissibility of that evidence. Expert witnesses are generally a key component to any successful defense. We use various scientific experts including medical doctors, psychologists, and accident reconstruction engineers when necessary to scrutinize, challenge, and defend against the prosecution’s expert witness reports and testimony.

Our team strives to uncover and shine a light on mistakes the police may have made during their investigations. We often discover and introduce evidence that contradicts the prosecution’s version of the alleged murder, including supporting specific legal defenses to murder, such as:

• Self-Defense or Defense of Others -If the defendant killed someone because he/she is trying to defend themselves or someone else from great bodily injury or being killed, the homicide is justified, and our client is Not Guilty of murder
• Accidental Killing – If the defendant killed someone accidentally, without negligent and with no intent to kill or harm someone (no malice), then our client is Not Guilty of murder
• Insanity Defense . The insanity defense is extremely difficult to prove in California, but it is appropriate in certain situations. In general, this defense might be available if the defendant was not capable of developing the intent (malice) required to commit murder and could not distinguish between right and wrong, or understand the consequences of his or her actions.

Skilled attorneys can argue that the homicide was manslaughter, not murder. For example, if the defendant killed someone “in the heat of passion” (e.g., the defendant was momentarily so angry that he/she could not control his/her behavior) or the defendant murdered the victim unintentionally (e.g., the defendant was shooting a gun in the air to celebrate the New Year and killed someone) we can argue that the murder charge should be reduced to manslaughter.

LOS ANGELES MURDER DEFENSE ATTORNEYS

If you or someone you know has been charged with murder or other violent crime, call us to see how we can help you. We are dedicated and passionate criminal defense attorneys who are committed to providing our clients with the best defense. We thoroughly analyze the facts and the evidence of the case, the evidence as well as the collection of evidence and the treatment of the defendant in order to identify mistakes and possible Constitutional violations. If necessary, we will prepare motions to suppress evidence, and reduce or dismiss the charges. We conduct our own investigations and locate and interview witnesses that were ignored by law enforcement and are favorable to the defense. At Rodriguez, Lewis & Kahn we submit appropriate physical evidence for independent lab analysis. In essence, we put the prosecution’s case on trial, and put them to the task of proving each and every element of their case. Call Rodriguez Lewis & Kahn for a free, confidential consultation to discuss your case and see how we can assist you.