We are proud to defend those accused of felony and violent crimes in Dublin, Modesto, Pleasanton, and the surrounding areas, including the charge of murder. Our team has fearlessly defended countless clients during their most dire times. We know how complicated these cases can be at Thompson Garcia, A Law Corporation, so we devote our time and energy to investigating your case. Are you facing charges of murder? Call Thompson Garcia, A Law Corporation, today at (510) 782-7580 or contact us online to schedule a free consultation with our murder defense lawyers in Northern CA.
According to the law, murder is intentionally killing someone with malice aforethought (premeditation). Because this crime is associated with intent, the judge will evaluate the evidence and determine whether the accused acted on an impulse or if there was a plan. This differs from manslaughter in that the killing resulted from a plan instead of a decision made at the moment.
Malice aforethought or the intent to kill can be applied to cases where the accused allegedly inflicted bodily harm until the point of death or behaved in a way that clearly shows a disregard for life.
There are also two classifications of murder: first-degree and second-degree murder. The distinctions between the two vary from state to state, but generally, first-degree murder involves intentionally killing another person. Second-degree murders are less malicious and may not involve forethought or planning.
In California, the penal code outlines specific methods of destruction that count toward a first-degree charge. A crime may be charged as first-degree murder if it involves the following:
First-degree murders may also occur during another crime, like arson or kidnapping. All other murders are of the second degree.
The penalties for murder depend on the degree. In general, first-degree murder may result in a sentence of:
It should be noted that the death penalty is suspended in California, but it is still in the penal code.
Specific circumstances surrounding a homicide could also determine how the defendant is sentenced. For example, any murder by way of an explosive or for financial gain is punishable by life imprisonment without the chance for parole.
Second-degree murder is punishable by:
Second-degree murder charges are also based on the existence of a prior criminal record. In other words, if the accused has a history of violent crime, the judge may sentence them more harshly.
The availability and success of each defense will depend on your case's specific facts and circumstances. It's crucial to consult with a qualified murder defense lawyer from Thompson Garcia, A Law Corporation, who can assess your case and provide the personalized legal advice you need. Below are some potential defenses against murder charges in California:
Self-Defense
You could use this defense If you can provide proof that you reasonably believed you were in close danger of death or serious bodily harm and that your use of force was necessary to protect yourself.
Defense of Others
Like self-defense, you could use this defense if you reasonably believed that another individual was in close danger of death or serious bodily harm and your use of force was necessary to protect that person.
Insanity
The insanity defense may be used if you can demonstrate that, during the time of the crime, you had a mental illness or defect that stopped you from understanding the nature or impacts of your actions or differentiating right from wrong.
Lack of Intent
Suppose you can prove that the killing was accidental or unintentional. In that case, it may be possible to reason that you lacked the intent necessary for a murder conviction.
Alibi
If you have evidence or witnesses to confirm that you were not present at the crime scene when the murder happened, an alibi defense could be used to challenge the prosecution's case.
Mistaken Identity
This defense may be fitting if you present evidence that you were falsely identified as the perpetrator and were not involved in the crime.
If you have been accused of murder in California, your fate may seem sealed. You probably feel apprehensive and anxious about the future, but know that your case is never hopeless with Thompson Garcia, A Law Corporation, on your side.
Thompson Garcia, A Law Corporation, leaves no stone unturned, so you can be sure our team is on your side. Don't leave your future to chance; entrust your case to our experienced legal professionals.
Being accused of any crime can be devastating. Your future is at risk, and your freedom is in jeopardy. Few crimes have the power to destroy your reputation, like murder, but you deserve legal representation.
At Thompson Garcia, A Law Corporation, our murder defense lawyers firmly believe that the right strategies are not always the most common. Our team of efficient, highly skilled legal professionals leaves no stone unturned. It looks for a strategy that is aimed at success. Murder cases are rarely straightforward, so a unique approach is often optimal. When you choose our Northern CA murder defense attorneys, you can be sure that we will explore every option and investigate every detail to pursue the most optimal result.
Get information or ask for professional advice – call our team at 510-782-7580.
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