One of the most serious criminal charges that an individual can face is homicide, which carries a sentence of decades in prison or death. Homicide is divided into two categories: murder and manslaughter. California Penal Code § 189 defines two types of murder, which are first-degree murder and second-degree murder.
Under § 192 of the California Penal Code, there are three types of manslaughter: voluntary manslaughter, involuntary manslaughter, and vehicular manslaughter. The main distinction between murder and manslaughter is the requirement of malice aforethought. Homicide committed with malice aforethought is murder and without malice aforethought is manslaughter.
There are a wide range of legal defenses to crimes under Penal Code § 187. With an aggressive and experienced Oakland criminal defense attorney from our firm, you can claim self-defense or the defense of others. Another defense that may have the ability to reduce the sentence is that the killing was an accident. Claiming insanity is another defense that is often used. When evidence was obtained as the result of an illegal search and seizure, it can potentially be suppressed, and your penalties may be decreased. Because of the serious penalties of homicide, you will need strong defense from our firm.
The penalties you face for homicide will depend on what specific crime you were convicted of and any aggravating factors. For the crime of first-degree murder, you can face 25 years to a life sentence in California state prison. Capital murder can result in the death penalty or a state prison sentence for life. In addition to the prison terms, California murder law subjects the convict to a "strike" on his or her record pursuant to California's Three Strikes Law.
Contact us today to fight a conviction and penalties!