Homicide Defense

WHAT TYPES OF CRIMES ARE CONSIDERED HOMICIDES?

In California, there isn’t a specific homicide law; rather, there are various statutes criminalizing behavior that could cause the death of another person.

Under California laws, the following are considered homicide crimes:

• First-degree murder: This offense occurs when someone kills another person with “malice aforethought.” That means they either deliberately engaged in behavior with the intent to kill, or they intentionally carried out some action, knowing that it could lead to the death of another.
• Second-degree murder: A person commits this crime when they deliberately kill someone else, but their conduct was not premeditated.
• Voluntary manslaughter: Unlike murder, voluntary manslaughter occurs when a person takes another’s life without malice aforethought. Under California law, manslaughter is voluntary when it happens “upon a sudden quarrel or heat of passion.”
• Involuntary manslaughter: This offense is committed when a person engages in an unlawful or lawful (without using necessary caution) act that results in someone else’s death.
• Vehicular manslaughter: A person could be charged with this offense if they kill someone while driving their vehicle. The act is considered a crime if the driver was engaged in an unlawful activity or lawful activity but they were negligent while operating their vehicle.

Understanding the Homicide Legal Process

Navigating the complexities of a homicide case can be overwhelming, especially when the stakes are high. At The Law Offices of Jacqueline Goodman, we believe that keeping you informed is a critical part of your defense. Our team is dedicated to ensuring you fully understand each step of the legal process, from the initial investigation to potential trial proceedings.

Here’s what you can expect when facing homicide charges:

• Investigation Phase: Law enforcement will gather evidence and witness statements. Having an attorney present during this phase can protect your rights.
• Arraignment: This is your first court appearance where charges are formally read. Your attorney will advocate for your best interests.
• Pre-Trial Motions: Your attorney may file motions to suppress evidence or dismiss charges, which can significantly impact the outcome of your case.
• Trial: If your case goes to trial, our skilled attorneys will present a robust defense, utilizing expert witnesses and compelling arguments to fight for your rights.
• Sentencing: If convicted, the sentencing phase is critical. Our team will work tirelessly to secure the most favorable outcome possible.

Understanding this process can help alleviate some of the stress associated with homicide charges. Our attorneys are here to provide clarity and support every step of the way. Don’t face this challenge alone—contact us for a consultation today.

WHAT ARE THE POTENTIAL PRISON TERMS FOR A HOMICIDE CONVICTION?

As mentioned before, if a person is found guilty of committing a homicide offense, they can face harsh penalties.

The specific punishments depend on the facts, but they could be as follows:

• First-degree murder: Life in prison or death
• Second-degree murder: 15 years to life in prison
• Voluntary manslaughter: 3, 6, or 11 years in prison
• Involuntary manslaughter: 2, 3, or 4 years in prison
• Vehicular manslaughter: Depending on the circumstances, either up to 1 year in jail or up to 10 years in prison

LEGAL DEFENSES AGAINST HOMICIDE CHARGES

A legal defense is a strategy used by individuals charged with a crime to counter or mitigate the accusations brought against them. Legal defenses aim to challenge the prosecution’s case and provide reasons why the accused should not be held criminally liable for the alleged offense. Defenses can be based on various legal principles, factual circumstances, or statutory provisions.

Common legal defenses against homicide charges, including those in California, may include:

• Self-Defense: If a person reasonably believes that their life or the life of others is in imminent danger, they may use force, including deadly force, to protect themselves or others.
• Defense of Others: Similar to self-defense, individuals may use deadly force to protect someone else if they reasonably believe that person is facing imminent harm.
• Accident: If the death occurred unintentionally and without any negligence or criminal intent, it might be considered an accident. However, proving this defense can be challenging.
• Insanity: A defendant may argue that they were legally insane at the time of the crime, meaning they couldn’t understand the nature and quality of their actions or distinguish right from wrong.
• Mistaken Identity: If there is a case of mistaken identity, where the accused was not the person responsible for the crime, it could be a defense.
• Alibi: Providing evidence that the accused was somewhere else at the time of the crime can be used as an alibi defense.
• Intoxication: In some cases, voluntary intoxication may be used as a defense, but it’s generally a limited defense and may not be applicable to all situations.
• Excusable Homicide: California law recognizes excusable homicide in cases where the killing is accidental, without negligence, and while the defendant is engaged in lawful activity with no criminal intent.

These defenses are legal arguments presented during the legal proceedings to challenge the charges and establish a basis for the accused’s innocence or reduced culpability.

If facing homicide charges, it’s critical to consult with a qualified criminal defense attorney who can assess the specific circumstances and provide guidance on the most appropriate defense strategy. Hiring a lawyer when facing murder or manslaughter charges in California can provide several benefits.

Here are some potential advantages of obtaining the legal services of The Law Offices of Jacqueline Goodman:

• Legal Knowledge: Our experienced legal team, led by Jacqueline Goodman, possesses a deep understanding of California’s criminal laws, including those related to homicide. We can navigate the complexities of the legal system, ensuring that your case is handled with expertise.
• Case Assessment: We conduct a thorough evaluation of the evidence against you, scrutinizing the prosecution’s case for weaknesses or inconsistencies. This helps in identifying potential legal defenses or strategies to challenge the charges.
• Strategic Defense Planning: Crafting a strong defense strategy is crucial in homicide cases. Our legal team can develop a strategic plan tailored to your specific circumstances, aiming to achieve the best possible outcome, whether through dismissal, reduction of charges, or acquittal.
• Negotiation Skills: We possess strong negotiation skills to engage with the prosecution. Our goal is to explore opportunities for plea bargains, reduced charges, or alternative sentencing options that may mitigate potential consequences.
• Courtroom Experience: The Law Offices of Jacqueline Goodman has extensive experience representing clients in court. Our legal team is well-versed in courtroom procedures, ensuring that your rights are protected and advocating effectively on your behalf.
• Investigation Resources: We have the resources to conduct independent investigations, gathering evidence and witnesses that may strengthen your defense. This proactive approach can uncover crucial information that may not be readily apparent.
• Emotional Support: Facing homicide charges can be emotionally challenging. Our legal team provides compassionate support, guiding you through the legal process and addressing your concerns while focusing on building a robust defense.
• Legal Knowledge and Updates: Staying abreast of changes in the law is crucial. Our legal professionals are well-informed about the latest legal developments and precedents that may impact your case, ensuring the application of the most relevant and current legal principles.