The two most serious penalties murder can carry is life in prison and the death penalty. There are many different types of homicides and each requires knowing an enormous amount of technical and complex information. Therefore, it is imperative to immediately get a licensed criminal defense attorney who specializes in these cases. The Law Men know the most effective ways to challenge the state’s evidence and will use every legal avenue to negotiate the best outcome for you.
Types of Murder Charges
- Vehicular Manslaughter – The crime of causing the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving, or speeding. Vehicular manslaughter can be charged as a misdemeanor or a felony depending on the circumstances.
- Attempted Murder – in California, the prosecutor must prove the following two facts:
- The person took at least one step towards killing anther person
- That a person intended to kill that person (or fetus)
- Voluntary Manslaughter Law – This is when a person happens to kill another person while in a heat of passion or during a sudden argument. It does not involve malice because the killing was spontaneous.
- Involuntary Manslaughter Law – This is when a person kills another person without malice or an intention to kill but has a disregard for human life. (Implied Malice second-degree murder – The person knows what they are doing is dangerous to human life, but they don’t care and are going to do it anyway)
- Gross Vehicular Manslaughter While Intoxicated – Usually charged under the following circumstances:
- A defendant drives under the influence of drugs or alcohol.
- While doing so, they commit an unlawful act with either ordinary negligence or gross negligence.
- That conduct resulted in someone being killed.
- Negligent Manslaughter While Intoxicated Law – This happens without malice and happens when driving a vehicle while intoxicated.
- Driving Under the Influence (DUI) Murder – A DUI resulting in the death of another human being.
- Self-Defense or Defense of Others – This happens when a person kills an individual while defending himself or another person. The self-defense laws of California may excuse the defendant’s conduct.
- Accident as a Legal Defense – “Accident” only qualifies as a California legal defense under three circumstances:
- The person didn’t intend any harm.
- The person wasn’t acting negligent at the time.
- The person was engaged in lawful conduct.
- The Insanity M’Naghten Rule – California murder law permits the accused person to plead “not guilty by reason of insanity”. They have to prove that they killed due to unawareness of their act or are unable to distinguish the difference of right from wrong.
- When an offender kills accidentally or without specific intent to kill in the commission of a crime
- It makes any participant in such a felony criminally liable for any deaths that occur during that felony.
- Unlawful Killing – When one or several people have killed a person. The verdict means that the killing was done without lawful excuse. This includes murder, manslaughter, and death by dangerous driving.
- Malice Afterthought – This is the premeditation with malice.
If you have been involved in or accused of any crime, especially murder, you should consult The Law Men. We will use our extensive background and knowledge of the law to build a defense to persuade the judge and jury to either acquit you of the criminal offense that you have been charged with or get your sentence reduced.
