San Joaquin Homicide Lawyer
Defending Against Homicide Charges in Sacramento & Stanislaus County
If you have been accused of homicide, do not make any statements to police under any circumstances. Instead, immediately seek guidance from an experienced lawyer. While not all homicide charges are alike, the details behind your charge and what you may unwittingly share with the police can be crucial to your defense.
What's The Difference Between Homicide, Murder, & Manslaughter?
There are two different types of homicide: Manslaughter and murder (both of which are defined under California Penal Code Section 187). While the law is extremely detailed and specific, even down to the type of victim or method, the main difference between manslaughter and murder in California are:
- Manslaughter charges are reserved for those who kill another without any intent to cause their death
- Murder charges require malicious intent to end a life. There are three degrees of murder: First-degree, second-degree, and capital murder.
What are the Penalties For Homicide in California?
The penalties for homicide in California can vary depending on the degree of the offense and other factors.
- First-degree murder: First-degree murder is regarded as the most severe homicide offense in California and carries the harshest penalty. The penalty for first-degree murder in the state of California is 25 years to life in prison without the possibility of parole.
- Second-degree murder: Second-degree murder is a lesser homicide offense compared to first-degree murder. The penalty for second-degree murder in California is 15 years to life in prison.
- Capital murder: Capital Murder is a special circumstance murder that holds a severe penalty under the law. Capital murder is defined as the intentional and premeditated killing of another individual under certain special circumstances. For example, the murder of a firefighter or peace officer who was on duty. The penalty for capital murder in California is either life imprisonment without the possibility of parole or the death penalty.
- Voluntary manslaughter: Voluntary manslaughter is considered the killing of another individual during a sudden quarrel or in the heat of passion. The penalty for voluntary manslaughter in California is three, six, or 11 years in prison.
- Involuntary manslaughter: Involuntary manslaughter is considered the killing of another individual without the intent to kill but as a result of criminal negligence or during the commission of an unlawful act. The penalty for involuntary manslaughter in California is two, three, or four years in prison.
A defendant's criminal history, the use of a firearm, and other aggravating or mitigating factors can also affect the penalty for homicide in California. Depending on the case details and the judge's discretion, these penalties may differ from case to case. If you are facing charges for murder or manslaughter, do not hesitate to reach out to our San Joaquin homicide attorney from Krueger Legal, who is here to aggressively fight for you and your rights no matter what charge you are facing.
Criminal Court Proceedings For Homicide Defense
Regardless of which type of homicide you have been charged with, criminal court proceedings for homicide defense can be complicated and demanding and typically include the following:
- Pretrial hearing that will establish ground rules, as well as the direction of your case
- Investigation and the discovery of potential evidence
- Preliminary hearings to establish case
- Negotiations among prosecution and defense
- Motions between both sides
- Trial (if it goes to trial without plea)
Philip Krueger believes strongly that the law can work in your favor and will challenge any evidence that may not be admissible in court or evidence obtained in a way that has violated your rights. If you would like to have a free consultation to review the facts of your case with a former criminal prosecutor, please contact us. We will respond to you within 24 hours to schedule a time to discuss your case and your options. We look forward to getting to know you.
Contact Krueger Legal today to get started on your defense with our San Joaquin homicide lawyer.
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