Rancho Cucamonga Murder Lawyer

Aggressive Defense Against Murder Charges in California

Being investigated for murder in Rancho Cucamonga, CA? If you have been charged with the crime of murder then you could face some very serious penalties for conviction. Murder is the unlawful killing of an individual with malice aforethought. Malice aforethought is the element that separates murder from manslaughter and essentially means that the death of the individual was intended rather than accidental.

If you have been charged with first-degree murder or any other criminal offense contact us online or call us at (909) 658-7341 to schedule a free consultation with our skilled Rancho Cucamonga murder attorney.

Types of Murder Charges in California

There are essentially three different classifications of murder:

• First-degree murder: The penalties for this crime include 25 years to life imprisonment for conviction.
• Second-degree murder: Second-degree murder convictions can include penalties of 15 years to life imprisonment in the state prison.
• Capital murder: Involves killing an individual for financial gain, as in the case of an assassin. It can also include killing more than one victim, killing a witness to prevent them from testifying, killing a person because of their race or ethnicity and many other cases.

First-Degree Murder Charges 

A person can be charged with first-degree murder in California when he or she is alleged to have unlawfully taken the life of another human being with a premeditated, deliberate intent along with the special circumstances listed in state law.

These circumstances include the use of certain weapons such as explosives, poison, or armor piercing bullets, killing that involved the torture of a victim, and killing that accompanied the commission of another felony, such as robbery or rape.

The punishment for first-degree murder in California can be 25 years to life, life without parole, or death depending on the circumstances of the crime.

Second-Degree Murder

Second-degree murder involves killings that are intentional but not premeditated or planned. These are often crimes of passion or spur-of-the-moment actions that result in death. While the defendant may have intended to harm or kill the victim, the killing was not planned in advance.

A conviction for second-degree murder in California can lead to 15 years to life in prison, with the possibility of parole. There are no provisions for the death penalty for second-degree murder charges.

Defense Strategies Against Murder Charges

There are several defenses to first-degree murder:

• The defendant can claim that he or she lacked premeditation before committing the murder. This defense would downgrade the charge to second-degree murder or manslaughter, which carries lesser penalties.
• The defendant can claim that he or she did not commit the crime and that the charge was a case of mistaken identity.
• The defendant can claim that he or she was justified in committing the killing. The more common forms of justifiable homicide are self-defense of defense of others. Law enforcement or other public officials can claim that they were justified in committing the killing in the exercise of his or her duty.

If the killing could be proven to be the result of an accident that took place during a lawful activity, it would not be considered first-degree murder but would be considered manslaughter.

Finally, the defendant can invoke the insanity defense, claiming that he or she lacks the capacity to appreciate the enormity of the act or realize that it was wrong.

Our Rancho Cucamonga murder lawyer can scrutinize all evidence, cross-examine witnesses, and challenge any weak points in the prosecution's argument.

Voluntary Manslaughter vs. Murder

In some cases, a defendant may be charged with voluntary manslaughter instead of murder. Voluntary manslaughter occurs when someone kills another person in the heat of passion or due to a provocation that would cause a reasonable person to lose control. While still a serious offense, voluntary manslaughter carries less severe penalties than murder charges.

Contact Our Murder Defense Attorney in Rancho Cucamonga Today

Looking for an attorney for a murder charge in San Bernardino? If you have been charged with the crime of murder then you could face many different penalties that range from 15 years in state prison to life imprisonment without the possibility of parole. Without the skillful representation of a San Bernardino murder attorney on your side, you could be convicted and face the very serious penalties that come with conviction. 

At The Law Offices of Kirk Tarman & Associates our legal team has many successful cases that we have handled in the past and many satisfied clients whom we have represented. We have over 20 years of experience and an outstanding trial record to show for it.

Do not hesitate to contact our firm to retain the skillful representation of our Rancho Cucamonga murder lawyer. Call now - (909) 658-7341