Murder is defined as the killing of another human being without justification, excuse or mitigation.  There are numerous defenses to this charge that can have a significant impact on the outcome.  A strong defense right at the beginning can make the difference between victory and defeat.

Most states in the US prosecute murder based on degrees, first and second. First-degree murder is commonly associated with gang crimes, lying in weight, felony murder, arson, rape and a variety of other acts that result in death. Conviction of first-degree murder in CA can result in either life without or parole or the death penalty. Recently, there has been a spate of convictions for vehicular manslaughter in the second degree. These involve DUI drivers that hit and kill another driver or the passenger in their car. These prosecutions are increasingly common. The prosecution has to show an utter disregard of the life of another for entering the car and driving it while intoxicated. In OC, prosecutors use prior DUI convictions to do this. They show the jury a plea form which a defendant has previously signed that they can be charged for murder when the drive drunk. They signed that they knew they could commit murder by driving under the influence. This is called a Watson Advisement.

Generally there are many defenses to murder. Each of those defenses is based on the facts of the individual case along with the more obvious defense of self-defense or the defense of others. Other defenses include heat of passion that argues that they did not have the intent to kill but just acted impulsively and thus would be liable for just voluntary manslaughter.

Alternatively, insanity has been used as a defense to homicide. This involves the use of psychiatrists to do a careful analysis to determine if they had the intent to kill or not. Also, it has been successfully argued that if the murder was not successful that the defendant did not have the mens rea of a killer. This is most often used in misdemeanor manslaughter cases where there is a violation of a vehicle code where a passenger of a vehicle or pedestrian has been killed.

I believe the Constitution matters most when it serves the individual against the awesome power of the State.  A good lawyer is the only protection between you and the Police, the Court, and the the District Attorney.  I will defend anyone accused of wrongdoing, regardless of the charge.  Call me at (714) 834-1400 or contact me online to discuss your matter confidentially 24 hours a day.