Murder is one of the most serious criminal charges someone can face, and the consequences are life-altering. Under California Penal Code 187, murder is defined as the unlawful killing of another human being with “malice aforethought.” This means the killing was intentional or done with reckless disregard for human life.
At KN Law Firm, we represent clients accused of murder in Glendale, Los Angeles, and surrounding areas. If you or a loved one is facing murder charges, it is critical to seek skilled legal representation immediately. We are available 24/7 and offer free consultations at (888) 950-0011.
Types of Murder in California
There are two primary degrees of murder in California: first-degree murder and second-degree murder. Each degree carries different penalties, but both are extremely serious.
- First-Degree Murder: This is the most serious form of murder and involves premeditation, deliberation, or specific situations like lying in wait, using a destructive device, or killing during the commission of certain felonies (felony murder rule). If convicted of first-degree murder, you may face penalties of 25 years to life in prison, life without the possibility of parole, or in extreme cases, the death penalty.
- Second-Degree Murder: This applies to intentional killings that were not premeditated or deliberated. It typically occurs when a person acts with reckless disregard for human life, even if they didn’t plan to kill. Second-degree murder carries penalties of 15 years to life in prison.
Felony Murder Rule
In California, under the felony murder rule, a person can be charged with first-degree murder if someone is killed during the commission of a serious felony, even if the death was unintended. Felonies that can trigger this rule include robbery, burglary, kidnapping, arson, and rape. This means you can be convicted of murder even if you did not directly cause the death.
Penalties for Murder Convictions
Murder convictions carry some of the harshest penalties in the California criminal justice system. Depending on the circumstances, a person convicted of murder may face:
- 25 years to life in prison (first-degree murder)
- Life without the possibility of parole (for cases involving special circumstances, such as multiple murders or killing a law enforcement officer)
- 15 years to life (second-degree murder)
- Death penalty (for specific first-degree murders)
In addition, penalties can be enhanced if a firearm was used during the commission of the crime, or if the murder was gang-related.
Defense Strategies for Murder Charges
At KN Law Firm, our attorneys are experienced in crafting robust defense strategies to protect our clients. We carefully review every detail of the case and explore various defense approaches, which may include:
- Self-Defense or Defense of Others: If the killing occurred in self-defense or in defense of someone else, this could serve as a valid defense.
- Lack of Intent: In cases where there was no intent to kill, we may argue for a reduction of the charges, such as seeking a voluntary manslaughter charge instead of murder.
- Insufficient Evidence: The prosecution must prove guilt beyond a reasonable doubt. Weak or unreliable evidence could lead to a dismissal or acquittal.
- Mistaken Identity: Eyewitness misidentification or flawed police procedures can lead to wrongful accusations. We work to challenge evidence that wrongly identifies our clients as the perpetrator.
Common FAQs About Murder Charges
1. Can a murder charge be reduced to manslaughter?
Yes, in some cases, we can negotiate a reduction of charges to manslaughter, particularly if there was provocation or the defendant lacked intent to kill. Manslaughter carries less severe penalties than murder.
2. What is the difference between first-degree and second-degree murder?
First-degree murder involves premeditation or occurs during specific felonies. Second-degree murder is still intentional but without prior planning. Both carry severe penalties, but first-degree murder is punished more harshly.
3. Can someone be charged with murder even if they didn’t actually kill anyone?
Yes, under the felony murder rule, if someone dies during the commission of certain felonies (such as robbery or burglary), all participants in the felony can be charged with murder, even if they did not directly cause the death.
Contact KN Law Firm for Your Defense
If you are facing murder charges in Glendale, Los Angeles, or surrounding areas, it’s essential to act quickly. The legal team at KN Law Firm is experienced in handling high-stakes murder cases and is dedicated to providing a strong defense. We are available 24/7 and offer free consultations to discuss your case and develop a strategy tailored to your situation.
Call us today at (888) 950-0011 for immediate assistance.