There are significant differences between manslaughter and murder charges in California. It is often the goal of a criminal defense attorney to have a murder charge reduced to a manslaughter charge in order to avoid lengthy jail time. Under California law, homicide is defined as the killing of one human being by another. The circumstances of the homicide will determine if the resulting charges are murder or manslaughter. Murder is defined by Penal Code 187, as “the unlawful killing of a human being, or a fetus, with malice aforethought.” This means that the fatal incident was not an accident.
When someone is killed without malice aforethought, the charges will likely be for manslaughter instead of murder. Orange County vehicular manslaughter is when someone unintentionally kills a human being while driving. Voluntary manslaughter is when someone kills another person in a moment of passion or heat of the moment without planning beforehand. Involuntary manslaughter occurs when a death results from negligence or recklessness.
All homicide and manslaughter cases have the potential to result in severe penalties including life in prison. Anyone with a loved one facing manslaughter or murder charges in Southern California would be well advised to contact a skilled attorney before discussing the case with the authorities.
The experienced Irvine homicide defense lawyers have successfully handled high-profile homicide cases. If you or a loved one is facing these serious, potentially life-changing accusations, please call us at (800) 349-1619 to discuss your case at absolutely no cost.
The word “homicide” is often used to describe the killing of a person. Like most states, however, California law recognizes different types of homicide, depending on the circumstances of each case.
The California Penal Code defines “murder” as “the unlawful killing of a human being, or a fetus, with malice aforethought,” although an exception is made for legally performed, consensual abortions. “Malice” can be either a specific act that shows an intent to kill a person, or actions that imply a person charged with murder acted with “an abandoned and malignant heart.” The penalties for murder include death, life in prison without parole, or a prison term of at least 25 years.
Murder is separate from manslaughter in California law. Unlike murder, manslaughter occurs when one person kills another, but without intending or planning to do so. A “voluntary” manslaughter is one that occurs “upon a sudden quarrel or heat of passion,” while an “involuntary” manslaughter is a killing that takes place while the alleged killer is doing something that is illegal but not a felony, or is doing something legal in a life-threatening way.
California law also recognizes “vehicular manslaughter,” which occurs when a person who is driving negligently and/or while intoxicated causes an accident that kills another person. The penalties for vehicular manslaughter include prison time of 16 months to 10 years, depending on the circumstances of the case.
If you have been charged with a homicide under California law, the experienced Orange County homicide defense attorneys at The Law Offices of Jeremy N. Goldman can help. We have the legal resources and courtroom experience to fight for the best possible outcome in your case. For a free and confidential consultation, call The Law Offices of Jeremy N. Goldman today at 1-800-349-1619.
A Santa Ana man convicted of rape in 1985 was expecting to be let out of prison on parole recently. Instead, Orange County prosecutors have charged him with murder in a 1984 cold case in which an elderly Anaheim woman was found dead in her apartment complex, reports The Orange County Register.
Prosecutors charged the man with first-degree murder, along with special circumstances because the murder allegedly occurred during a rape or an attempted rape. According to prosecutors, the man’s DNA matched DNA found at the scene of the 1984 murder. Although evidence could not be tested for DNA in 1984, evidence collected from the scene has been recently tested for DNA as prosecutors and law enforcement officials try to solve as many “cold case” files as possible using new technology.
Due to the new charges, the man has not been released on parole but is still in prison, awaiting trial on the new murder charges. If the Santa Ana man is convicted, he could face a sentence of life in prison without the possibility of parole or even the death sentence, should prosecutors decide to ask the jury to consider a death sentence in this case.
Facing charges of murder in California can be complex, frustrating, and overwhelming, particularly if you already have a criminal record. The experienced Orange County homicide defense attorneys at The Law Offices of Jeremy N. Goldman fight for the best possible outcome in each client’s case. To see if our experience is right for you, call The Law Offices of Jeremy N. Goldman today at 1-800-349-1619.
An Orange County jury recently found a man guilty of first-degree murder for a shooting in 2004, along with six counts of attempted murder and special circumstances, reports The Orange County Register. Now, his case has entered the sentencing phase, where the man risks becoming the first Orange County defendant this year to be sent to death row.
The man, a former gang member, qualified for a separate sentencing hearing when the jury decided that he had committed special circumstances murder, based on the prosecutor’s assertions that the man had shot several young women because he believed some of them had failed to show proper respect for his gang. One woman was killed. The sentencing hearing involves the same jurors who found the man guilty. Now, the jurors will hear evidence from both the prosecutor and the man’s defense counsel that they will use to decide whether to sentence the man to death or to life in prison.
The sentencing phase of this man’s trial began with testimony from the deceased girl’s family. Once the testimony is complete, the man and his attorney may also speak to the jury.
Many people facing criminal charges in Orange County understandably focus on the trial. While the trial phase may be central to the case, the sentencing phase has the most serious impact on a person’s future life and prospects. Choosing an experienced Orange County homicide attorney with experience representing clients both at trial and at sentencing can be crucial to your case. The Orange County criminal defense lawyers at the Law Offices of Jeremy N. Goldman know how to fight for the best possible outcome, either to avoid a conviction or to ensure the best possible outcome in sentencing. To learn more or to schedule a free and confidential consultation, call 1-800-349-1619 today.
An OC Register article reports that homicide charges will not be filed against a 51-year-old airline pilot for the shooting and killing of a 49-year-old bail bondsman inside of a home in Rancho Santa Margarita. According to the article, the bondsman had a fickle relationship with a woman who lived in the Rancho Santa Margarita home. He showed up at the woman’s home on July 17 to find the airline pilot there. Investigators believe that the bondsman found his way into the house by entering an unlocked sliding door. Neighbors reported hearing a loud argument inside the home.
The homicide investigation began five months ago and focused on whether the pilot was justified in firing the gun. The criminal charges were dropped due to insufficient evidence limiting the means to justify the filing of charges or to prove that the man was guilty beyond a reasonable doubt. The District Attorney’s Office sent a letter to the sheriff’s department that noted these factors established by prosecutors.
As this particular incident demonstrates, insufficient evidence can lead to criminal charges being dropped completely, and in some instances, charges can be reduced. The burden of proof is on prosecutors when attempting to hold an individual criminally liable for a violent offense.
Facing homicide charges in Orange County can be an overwhelming experience that often leaves an individual unsure about their legal rights. Not all criminal homicides are considered murders since some individuals may be charged with manslaughter, which is a serious offense with less severe penalties than homicide or murder.
If you are facing homicide charges in California, skilled Orange County homicide defense lawyer Jeremy N. Goldman has the legal resources and knowledge to defend your rights. Call 1-800-349-1619 today for a free consultation and to learn more about how Mr. Goldman can help keep you out of jail.
A 44-year-old man who has spent almost 26 years in prison will soon be set free. He has pleaded guilty to voluntary manslaughter for the 1984 murder of his older male roommate. The man was convicted and sentenced to 17-years-to-life for second-degree murder. An Orange County Superior Court judge granted the convict a new trial under the pretext that the man should be allowed to submit evidence of “intimate partner battering” as a partial defense to the murder charge.
Prosecutors decided against a retrial and, instead, offered the man a plea bargain to voluntary manslaughter that allots for 13 years in prison. The man accepted the conditions and will soon be released since he has already served his time. After pleading guilty, the convict apologized for the crime.
During the original trial in 1984, the man, 18-years-old at the time, claimed his actions were a result of self-defense even though the victim was stabbed more than 30 times with a steak knife and wood chisel. He alleged that the victim had threatened him with a knife and wanted to sodomize him.
New laws indicate that defense attorneys are allowed to contest murder charges on the grounds of a psychological toll inflicted by the victim on his killer. If you have been accused of murder or manslaughter, do not speak to anyone about the crime before consulting a skilled Orange County homicide defense lawyer. The attorneys at the Law Offices of Jeremy N. Goldman have experience with jury trials, having settled several high profile homicide cases. Call (949) 622-5417 for a confidential consultation.
Source:http://www.ocregister.com/news/vangsness-227645-mcnaughton-trial.html
