Criminal Lawyers explain California ? You arrived at the right place. We're a law firm of former cops and former prosecutors with more than a 1. California murder cases. We work with some of the nation's best private investigators, forensic analysts, DNA experts and jury consultants. We have just one objective: to get our clients to a NOT GUILTY verdict.

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Below, our California criminal defense attorneys. First- degree murder in California law. Capital murder. 1. Second- degree murder in California law.

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The felony- murder rule. First- degree felony- murder. Second- degree felony- murder. Elements of murder.

Official website of the City of Santa Cruz, California.

Self- defense / defense of others. Accidental killings. The insanity defense and the M'Naghten rule. False and coerced confessions. Illegal search and seizure.

Mistaken identification. First- degree murder. Capital murder. 3.

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Second- degree murder. Additional penalties. Attempted murder. Voluntary manslaughter. Involuntary manslaughter. Vehicular manslaughter. DUI murder / Watson murder.

Murder charges & the gang enhancement. Aiding a suicide.

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group. The Legal Definition of Murder in the Stateof California.

In Penal Code 1. 87 (a) PC, California law defines murder as . First- degree murder in California law. Under California law, there are three ways to be convicted of first- degree murder: by committing the murder. Penal Code 2. 06 PC California's torture law,by killing in a way that is willful, deliberate, and premeditated, ORby way of the felony- murder rule (that is, by committing a specifically enumerated felony that automatically turns any logically related death into first- degree murder, discussed below). Examples of first- degree murder include (but are not limited to): going to someone's house intending to kill him/her, andlying in wait for someone to return to his/her car in order to kill that individual, andany murder that is perpetrated using a destructive device or explosive.

Capital murder. Under California law, capital murder.. California, ora state prison sentence for life without the possibility of parole . Second- degree murder in California Law. Under California Penal Code 1. The felony- murder rule.

California's felony- murder rule applies to both first- and second- degree murder. First- degree felony- murder. The first- degree felony- murder rule only attaches during the commission of the following felonies: Penal Code 4. PC arson,Penal Code 2. PC robbery,Penal Code 4.

PC burglary,Penal Code 2. PC carjacking,Penal Code 2.

PC train wrecking,Penal Code 2. PC kidnapping,Penal Code 2. PC mayhem,Penal Code 2. PC torture, andcertain California sex crimes, including. Second- degree felony- murder. The second- degree felony- murder rule attaches to felonies that (1) are .

James, the defendant was convicted of second- degree murder under the felony- murder rule when three of her children were killed in an explosion while she was manufacturing methamphetamines in her home- based lab. Nichols, the defendant was convicted of murder under the second- degree felony- murder rule. Elements of murder. In order to prove that you are guilty of violating California's murder law, the prosecutor must prove the following three facts (otherwise known as . Legal Defenses. Fortunately, there are a variety of legal defenses to a Penal Code 1.

California criminal defense lawyer could present on your behalf. Cases of excusable and justifiable homicide in California law often result in dismissal or acquittal. Cheatbook Gta Vice City Ultimate Game on this page. The following are some examples.

Self- defense / defense of others. If you kill another person because you were defending yourself or another person, California's self- defense laws may excuse your conduct.

As a battered woman, there was evidence that Evelyn reasonably believed she was about to suffer imminent death or great bodily injury and acted to prevent that from happening. The killing was an accident. If. at the time you kill someone. California legal defense to Penal Code 1.

Example: An elderly woman. False and coerced confessions. Not only are the police required to follow proper Miranda procedures. They are forbidden from using coercive tactics to force a confession from a suspect.

Such illegal and coercive interrogation methods include making threats against the suspect or his family,2. If the police use coercive tactics to force an involuntary confession, the remedy is for the court to exclude the confession from evidence.

Example:  Detectives are interrogating a man they suspect of murder. Hard Truck 2 Download Game there. The detectives suggest that he can avoid a potential charge of first degree murder if the confesses, and if he says that his act was not premeditated. The man confesses. The court later excludes the statement from evidence, finding that the police obtained it by way of an implied promise that a confession could help the man avoid trial and avoid a conviction for the more serious charge of first- degree murder. Even though police coercion is clearly illegal, it's not at all uncommon. Social science research has shown that coercion has led to widespread false confessions, and the wrongful conviction of many innocent people.

In a California Penal Code 1. If we can convince the court that the confession was illegally obtained, we can most likely get it thrown out of court.. Evidence was obtained as a result of an illegal search / seizure. California search and seizure laws place limits on the power of the police to search your person and property. If the cops didn't follow proper procedure. Fourth Amendment right to be free from unreasonable searches and seizures.

Penal Code 1. 53. If the judge grants our motion and suppresses the evidence, the prosecutor may be unable to proceed and the Penal Code 1. Example: Defendant..

Because it was that illegally taken photo that was ultimately used to identify the defendant, the court ruled that the photo and the identification should have been excluded from evidence. Mistaken identification.

Research shows that mistaken identification is the greatest single cause of wrongful conviction, leading to more convictions of innocent people than all other causes combined. Numerous factors can detract form an eyewitness's ability to remember and correctly identify a suspect, including the stress of the encounter, fixation on a weapon, intoxication, the suspect being of a different race, the passage of time, and improper suggestion by the police. In a California murder case where the prosecution is based on questionable eyewitness identification, there are several measures the criminal defense lawyer may take. These include. Demanding a live lineup to see if the eyewitness really can distinguish and identify the defendant. Challenging the police procedures in previous photospreads and lineups, seeking to get the identifications excluded from evidence. Calling an . Penalties, Punishment and Sentencing.

Depending on whether you are convicted offirst- degree murder,capital murder, orsecond- degree murder,your potential sentence will vary quite a bit. First- degree murder. If convicted of Penal Code 1. California state prison. However, if your first- degree murder conviction was based on a .

Capital murder. Capital murder is the most serious charge under California murder law. Second- degree murder. If convicted of California Penal Code 1. However, there are some circumstances that can increase your potential sentence.

Additional penalties. In addition to the prison terms above, California murder law subjects you to. An additional 1. 0, 2. Related Offenses. There are a variety of crimes closely related to California's murder law. Attempted murder. California's attempted murder laws apply when youtake at least one direct (but ineffective) step towards killing another person (or fetus), andyou intend to kill that person (or fetus).

If convicted of Penal Code 1. You additionally face victim restitution, substantial fines, and a . Voluntary manslaughter.