Criminal Defense for Serious Felony Offenses
First-degree murder is the crime of killing someone with malice aforethought, meaning that the act was premeditated or predetermined in some way. A person can also be charged with first-degree murder for killing someone in the commission of another crime, even if the murder wasn’t intended. Second-degree murder is the crime of killing a person in anger without premeditation.
The crime of first-degree murder is punishable by death (capital punishment) in specific circumstances, such as the following:
- Rape
- Robbery
- Kidnapping
- Carjacking
- Lewd and lascivious conduct with a child
- The person was tortured
- The individual was poisoned
- More than one murder was committed
- The act was specifically heinous, atrocious and cruel
- Commission of ahate crime
Explanation of California Murder Laws
Murder is defined under California Penal Code §187 as the intentional killing of another being; it, however, is important to note that murder, unlikemanslaughter, mandates that the criminal act occur with “malicious aforethought” to be classified as murder. To be considered under the law, it is also important to note that the malice must have been expressed or implied by the defendant.
This can be done either through deliberate intention or when there are no other extenuating circumstances for which the defendant was provoked. In the state of California, a person can also be charged with murder simply for the killing of a fetus as well.
The law, however, exempts the following:
- Those acting under the Therapeutic Abortion Act
- Certified physicians and surgeons acting to save the mother’s life
- Those who were solicited, aided or consented by the mother
Murder cases are extremely complex and require the skills of a dedicated legal team with considerable courtroom experience. Our firm has extensive knowledge and will aggressively challenge the prosecution’s evidence. We are tough litigators in capital crime cases and will be staunch defenders of your rights. No matter whether we are arguing self-defense or whether the defendant was significantly provoked, you can be confident knowing that we will stop at nothing to protect you.
