Homicide Murder Defense Lawyer in Oakland, CA

Fight Your Charges. Get In Touch With Our Criminal Defense Law Firm Today At (510) 894-6626

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.

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Contact us today at (510) 894-6626 to fight a conviction and penalties!

Legal Defenses Against Homicide Charges in the Bay Area

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.

First-Degree & Capital Murder

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.

Second-Degree Murder

California defines second-degree murder as the unlawful killing of a human being with malice aforethought, but without premeditation. This offense carries a significant penalty; it is considered a felony and can result in life in prison or 15 years to life. Generally, this form of murder is committed with an intent to kill, but no advance planning was made. In order for prosecutors to charge someone for this violent act in California, they must prove three elements: a person caused the death of another human being, that person did so with 'malice aforethought', and that person had no legal justification or excuse. These are serious charges and anyone accused of second-degree murder should seek experienced legal counsel.

Contact us today at (510) 894-6626 to fight a conviction and penalties!

Hear it From A Few
Of Our Clients

I can't thank Ernie enough for investing his time and sincere efforts to helping my family out. He truly is a master of his craft.
“A few years back, Ernie Castillo represented a family member of mine who was charged with a vehicular offense. Although minor compared to the high profile cases Ernie is accustomed to, Ernie took the case with the utmost professionalism and was able to reduce the charge so that my family member's record was not affected. I can't thank Ernie enough for investing his time and sincere efforts to helping my family out. He truly is a master of his craft.”

MS
I would highly recommend Mr Castillo to anyone.
“Mr Castillo represented me on a criminal case in which I was falsely accused in 2012. He took over the case from a previous lawyer who was less aggressive and not actively pursing my defense. Mr Castillo is a confident, aggressive and very persistent lawyer. He kept my family and I up to date on the case and also returned our calls on time. Mr Castillo persuaded me not to take any deal and wanted take the case to trial because he was confident that he would win. With the Lord's guidance and Ernie's aggressiveness my case was dismissed. I would highly recommend Mr Castillo to anyone.”

DC
I would recommend Mr. Castillo without any reservation.
“Ernie Castillo was highly recommended to us. I researched and interviewed a few attorneys before making a decision of who we were going to select. It's so tough selecting when you're skeptical with the horror stories of attorney's not feeling the passion for their work but the money. After long conversations my husband and I decided to go with Ernie to represent our son in a serious case with multiple charges. We were not disappointed at all. Mr. Castillo expertise exceeded our expectations. His was thorough, he kept us up to date on the case, answered all our questions, returned our calls in a timely manner, he's truly a genuine and sincere person. Most of all his knowledge in handling the case was remarkable. I can't express thanks enough to Ernie for the spectacular job he did defending my son who was facing years in jail. He took a stressful situation and relieved it with a positive outcome. I would recommend Mr. Castillo without any reservation.”

RE