Are you or a loved one facing murder charges in Los Angeles?

Pursuant to California Penal Code Section 187 murder is the unlawful killing of another person or fetus with malice aforethought.

Malice Aforethought occurs when you act with the intent to kill the other person, or willingly and with wanton disregard for human life, do something that would reasonably and foreseeably result in a high likelihood of death to another person. For example, shooting a gun at someone.

A First Degree Murder charge carries a sentence of 25 years to life.

A Second Degree Murder conviction carries a sentence of up to 15 years to life in California State Prison.

If you are facing murder charges in Los Angeles, or the surrounding counties, contact experienced Los Angeles criminal defense attorney Miles Booth 424 272 1134. 

Los Angeles Criminal Defense Lawyer Miles Booth

How does the prosecution prove that I am guilty of Murder?

Murder is divided into first degree and second degree. CALCRIM 520 lays out the elements that the prosecutor must prove for you to be found guilty of murder in California. To be convicted of murder under Penal Code Section 187 the prosecutor must prove beyond a reasonable doubt that you;

• Committed an act that caused the death of another person or fetus;
• You acted with malice aforethought; AND
• You killed without any lawful excuse

Malice Aforethought

There are two kinds of malice aforethought, express malice, and implied malice. Either state of mind is sufficient to be convicted of murder.

Express Malice

You act with express malice if you have act with the intent to kill.

Implied Malice

Implied Malice occurs when you;

• Intend to commit an act;
• The natural and probably consequence of that act are dangerous to human life;
• You knew that when you acted that the act was dangerous to human life; AND
• You acted with conscious disregard to human life

If you do not act with malice aforethought you will be charged under California Penal Code Section 192 for Voluntary Manslaughter.

First Degree Murder

First Degree Murder is detailed in CALCRIM 521, and occurs when the murder is;

• Willful, deliberate and premeditated; or
• Is committed with a weapon of mass destruction, armor-piercing ammunition or poison; or
• Is committed by lying in wait or via torture; or
• Is committed pursuant to the California Felony Murder Rule, in which the murder occurs during the commission of specific serious felony offenses.

Every other type of murder that does not fall info the above listed categories is considered second degree murder.

Lets take a closer look at how the court defines these elements;

Natural and Probable Consequences

Natural and probable consequences are ones that a reasonable person would know are likely to occurs absent something out of the ordinary intervening. This determination will be made by looking at the totality of the evidence.

Willful

Acting willfully means that you intended to kill when you committed the act. This relates specifically to first degree murder.

Deliberation

Deliberation means that you carefully weighed your decision, and made it knowing the consequences. This relates specifically to first degree murder.

Premeditation

You will be deemed to have acted with premeditation if you made the decision to kill prior to completing the act.

It is important to note that the court looks at how much you reflected on your decision in determining premeditation and deliberation. The amount of time you took to reflect is just one factor in making this determination. This relates specifically to first degree murder.

How can I defend myself against murder charges?

Being charged with murder is very scary. You are facing life in prison. A skilled Los Angeles criminal defense attorney will be your greatest asset in fighting these charges, and protecting your liberty. Although these charges are serious, there are defenses that may substantially mitigate the damage. Some of the most common legal defenses to a murder charge are that;

• You acted in self defense
• You were falsely accused
• The killing was accidental, and you were not acting negligently

Just because you have been accused of Murder does not mean that you will be convicted. Call Los Angeles criminal defense attorney Miles Booth, to discuss how to best defend your case.

What are the Penalties for a murder conviction?

Under Penal code 187 murder is divided into second degree, first degree and capital murder.

A Capital Murder Conviction may result in;

• The death penalty; or
• Life in California State prison without the possibility of parole

A First Degree Murder Conviction may result in;

• 25 years to life in California State prison. However, if the court determines that the murder conviction was the result of a hate crime, you will be ineligible for parole, and will spend the rest of your life in prison.

A Second Degree Murder Conviction may result in;

• 15 years to life in California State prison. There are aggravating factors that may increase parole eligiblity.

Additional Penalties

There are a variety of penalties in addition to the ones listed above, some of which include;

• Victim restitution
• A $10,000 fine
• Additional penalties if the crime was committed for the benefit of a gang
• A strike on your record

Contact Los Angeles Criminal defense attorney miles booth

Facing murder charges is extremely serious, and your entire future is in jeopardy. Charges alone can have far-reaching consequences. A conviction may result in you spending the rest of your life in prison. It is foolish to fight these cases alone. It is important to have a skilled Los Angeles criminal defense attorney by your side.

As a former prosecutor, Miles Booth understands the complexities of these cases and the blueprints for beating, or substantially mitigating the charges. He has handled thousands of cases throughout Los Angeles County and will aggressively defend you to get the best outcome possible.

To learn more about your options going forward, contact Los Angeles criminal defense lawyer, Miles Booth, for a free consultation at 424 272 1134.