Sacramento Murder Attorney
Facing a murder accusation can feel insurmountable. As a serious offense, a murder conviction can result in severe consequences in California, including a life sentence and, in specific situations, capital punishment. If you or someone you love has been charged with murder in Sacramento, you are strongly advised to seek the legal support of a seasoned Sacramento murder lawyer with an established reputation for aggressively defending clients facing serious crimes.
At Tully & Weiss, we relentlessly pursue justice for our clients, offering compassionate support and leveraging extensive legal resources to achieve the most optimal outcome in their cases.
Murder Charges in California Explained
California Penal Code 187, murder (homicide) is defined as the unlawful killing of a person or fetus with “malice aforethought.”
For a murder charge to be brought against an individual in California, there must be enough probable cause to show that the accused:
- Did not have a legal justification for committing the crime.
- Acted intentionally when they caused the death of another.
- Showed malice aforethought, either express or intentional.
Under California law, a homicide charge can fall into one of two categories: first-degree murder and second-degree murder. (PC §189).
First-degree murder is the most egregious type of homicide. This can be charged when a person unlawfully causes another’s death through the intentional use of a deadly weapon, including a firearm or motor vehicle.
This charge is also levied when an accused is found to have been lying in wait before the murder or if they tortured the victim and when the murder was premeditated.
If the murder occurred while the defendant was attempting or committing a crime, including carjacking, robbery, kidnapping, and rape, they could face a first-degree felony murder charge.
Second-degree murder applies when a defendant’s actions, whether through gross negligence or reckless disregard for human life, result in another person’s death.
We are available 24/7 and can quickly meet you in jail or at your location. Start your defense on the right track from the very first step.
Penalties for Murder in CA
The punishment for murder varies depending on the type of charge and any aggravating or mitigated circumstances presented in the case.
Depending on the facts of the case, first-degree murder can carry a penalty of death, life in prison without the possibility of parole (LWOP), or 25 years to life with the possibility of parole.
For a second-degree murder conviction, a person may be confined to state prison for 15 years to life. When the crime involves the murder of a peace officer, second-degree murder can lead to 25 years to life or LWOP.
You can consult a knowledgeable attorney to learn more about potential penalties for murder depending on the circumstances of the case.
Tully & Weiss Provides Aggressive Defense for Murder Charges
When facing a serious charge such as murder in the first or second degree, you need strong legal representation. The attorneys at Tully & Weiss provide relentless defense and dedicated legal support to clients in Sacramento and throughout California.
We can assist you or your loved one throughout each step of the case. Our Sacramento murder lawyer can work to negotiate a plea with prosecutors in the case or have your charges reduced or dismissed.
If a murder case proceeds to trial, Tully & Weiss conducts a thorough investigation of your case and works to develop a strong legal strategy for your defense through effective cross-examination and by bringing in expert testimony.
Our law firm puts an impressive team of investigators, lawyers, and legal support at your disposal, demonstrating an unyielding pursuit of justice in your case.
Potential Defenses for Murder in California
A defendant in a murder case, as in all criminal cases, is not required to present a defense in their murder. It is up to the prosecutor to prove the defendant’s guilt beyond a reasonable doubt.
However, there are potential defenses that can be introduced in a murder case to demonstrate a defendant is not guilty.
Self-Defense and Defense of Others: A defendant may be able to prove that they acted to protect themselves, their property, or another against the threat of imminent danger or death.
Lack of Intent: The accused can attempt to show that they did not intend to cause the death of another, or that the death of another was the result of an accident.
Mistaken Identity: A legal defense team may be able to demonstrate that a defendant has been wrongly accused by showing they have an alibi, for example.
Presenting any of these defenses or other mitigating circumstances can result in a reduced charge and sentence or may even result in the dismissal of charges or an acquittal.
FAQs
A: To prove murder in California, a state prosecutor must establish that the defendant caused another person’s death either directly or indirectly, that they acted intentionally, and that they demonstrated malice aforethought, whether express or implied. This typically includes crimes that were premeditated or if the defendant acted with reckless disregard for human life.
A: The sentence for murder in California varies based on whether the conviction is for first-degree or second-degree murder, as well as if any aggravating or mitigating circumstances were present. Penalties may include 15, 20, or 25 years to life in prison, life without the possibility of parole, or, in specific cases, the death penalty.
A: Manslaughter and murder are distinct charges under California’s Penal Code. While murder constitutes the intentional killing of a human being, manslaughter involves the killing of another person impulsively in the heat of passion, during a sudden quarrel, or as a result of criminal negligence or reckless, unintentional behavior. The penalty for murder is harsher than that of manslaughter.
A: A person may face jail time even if they claim self-defense in a murder case. California Penal Code § 197 outlines the criteria for justifiable homicide in self-defense. The accused must be able to demonstrate that at the time of the crime, they had a fear of imminent danger of death, great bodily harm, or of being a victim of a felony crime.
They must also show that they attempted all reasonable means to avoid the threat before using deadly force.
Contact a Sacramento Murder Lawyer to Discuss Your Case
Whether you are seeking representation for a family member or loved one accused of murder or need representation against a murder accusation, a compassionate and highly qualified Sacramento murder lawyer can make the difference in the outcome of your case.
The trusted team at Tully & Weiss is dedicated to providing aggressive representation for clients facing murder charges or charges for other serious violent acts. Schedule a free consultation with our team to discuss your case in detail.