Let an Alameda County Homicide Attorney Fight For Your Rights
There are few criminal charges that carry greater stigma and potential for life-changing penalties than homicide. In California, being accused of unlawfully taking another person’s life exposes you to some of the harshest penalties in the state’s justice system. You could not only spend the rest of your life in prison, but in theory, you could even face the death penalty as well. There is simply too much at stake not to hire a top Alameda County homicide attorney.
If you or a loved one has been charged with homicide, it’s crucial to understand the specifics of the charges. Different types of homicide charges can be brought, each with its own elements and potential penalties. California’s homicide laws are complex, and every case calls for a strong defense. Let Berkowitz Law advocate for you.
Understanding Homicide Under California Law
“Homicide” is the broad legal term used to describe the killing of one human being by another. In reality, not every death counts as a crime. For example, killings in lawful self-defense or in combat by members of the armed forces are not prosecuted. The death of another person only becomes a crime when there is no legal justification or defense for it.
California recognizes two primary forms of criminal homicide: murder and manslaughter. The difference between the two depends on the mental state of the accused as well as the factors surrounding the killing.
Consequences of a Murder Charge in California
Murder is the unlawful killing of another person with “malice aforethought.” Malice can include the intent to kill, which may be either express or implied. In other words, you can be convicted of murder when you engage in conduct so dangerous to human life that death is a foreseeable result.
California law divides murder into first-degree and second-degree. First-degree murder typically involves premeditation and deliberation. It also includes killings committed during the commission of certain felonies, such as robbery, burglary, or rape. These are known as “felony murders.” First-degree murder is punishable by 25 years to life in state prison, life without parole in certain circumstances, and, although rarely pursued in recent years, the death penalty.
Second-degree murder is defined as all other murders that do not involve premeditation but still involve malice aforethought. For example, an impulsive killing during a heated argument may be prosecuted as second-degree murder.
Breaking Down the Categories of Manslaughter Charges
Manslaughter involves an unlawful killing without malice. While it remains a serious crime, manslaughter recognizes that the accused did not act with the same intent as murder.
Voluntary Manslaughter
Voluntary manslaughter occurs when a person kills in the “heat of passion” or during a sudden quarrel, under circumstances that would cause a reasonable person to lose self-control. For example, discovering a spouse in the act of infidelity and reacting violently may lead to voluntary manslaughter charges.
Involuntary Manslaughter
Involuntary manslaughter occurs when a death results from reckless or negligent behavior rather than intent to kill. For instance, handling a firearm carelessly and causing an accidental death could result in involuntary manslaughter.
Vehicular Manslaughter
Vehicular manslaughter is a specific form of involuntary manslaughter that applies when someone is killed as a result of reckless or negligent driving. Depending on the circumstances, penalties range from probation to substantial time in prison, especially if alcohol or drugs were involved.
What are the Prison Sentences for Homicide Charges in California?
A homicide conviction is among the most serious outcomes in California’s criminal justice system. Penalties vary based on the charge but may include:
- Murder (First-Degree): 25 years to life in prison, life without parole, or death in extreme cases.
- Murder (Second-Degree): 15 years to life in prison, with potential enhancements for factors such as use of a firearm.
- Voluntary Manslaughter: Up to 11 years in prison.
- Involuntary Manslaughter: Up to 4 years in prison.
- Vehicular Manslaughter: Up to 10 years in prison in aggravated cases.
In addition to prison time, convictions carry collateral consequences. A homicide conviction results in a permanent criminal record that cannot be expunged, loss of the right to own firearms, and loss of civil rights. For non-citizens, a conviction may trigger immediate deportation and permanent inadmissibility.
The Role of Your Alameda County Homicide Attorney
Because homicide is the most serious charge in the criminal system, having a dedicated defense attorney is absolutely essential. An attorney’s role includes conducting a thorough investigation, examining forensic evidence, consulting with experts, and identifying weaknesses in the prosecution’s case.
Attorneys file motions to suppress evidence obtained illegally, challenge improper police procedures, and ensure that the defendant’s constitutional rights are protected throughout the process. They also maximize the chances of winning at trial by cross-examining witnesses, presenting alternative explanations, and persuading the jury that the prosecution has not proven guilt beyond a reasonable doubt.
Beyond trial preparation, an attorney negotiates with prosecutors for reduced charges or alternative sentencing where appropriate. In certain cases, early intervention can make the difference between a life sentence and a significantly reduced prison term.
Collateral Effects of Homicide Charges
Beyond legal penalties, a homicide charge devastates nearly every area of life. The accused often faces intense public scrutiny, damage to family relationships, and loss of employment. Bail in homicide cases is often set extremely high, if it is granted at all, that defendants may remain incarcerated throughout the proceedings.
The stress of facing such charges can be overwhelming, not only for the accused but also for their families. Having an experienced defense team provides not only legal protection but also guidance and support during an extraordinarily difficult time.
What are the Defenses to Homicide in California?
Defending a homicide case requires a comprehensive approach. Each case has its own set of facts, and the right Alameda County homicide attorney will take those into account. Some common options include:
Self-Defense
One of the strongest defenses in a homicide case is claiming self-defense. California law permits you to use reasonable, even deadly, force to protect yourself or others from an imminent threat of serious injury. This force can be deadly, but only when your life is at risk. For this defense to succeed, your attorney must prove that you reasonably believed your actions were necessary to prevent harm.
Death by Accident
A homicide charge must be based on criminal intent. If a death was purely accidental and occurred without criminal negligence, it may not be considered homicide under the law. For example, if someone dies in an unforeseeable mishap without recklessness or intent, the defense may argue that the incident was an accident. This strategy focuses on eliminating the element of intent or malice that the prosecution must prove in murder cases.
Mistaken Identity
Eyewitness accounts are often unreliable, and in high-stress situations, people may misidentify suspects. In homicide cases, mistaken identity can be a crucial defense. By presenting alibi evidence, forensic analysis, or inconsistencies in witness testimony, your homicide defense attorney can create reasonable doubt about whether the defendant was truly the person responsible for the death.
Heat of Passion
In some cases, the defense may focus not on complete acquittal but on reducing the charge. If the killing occurred during a sudden quarrel or in the heat of passion provoked by circumstances that would cause a reasonable person to lose control, the defense may argue for a voluntary manslaughter conviction instead of murder. This strategy acknowledges the act but seeks to mitigate culpability by eliminating the element of malice aforethought.
Insufficient Evidence
The state can only convict you of homicide if it can prove your guilt beyond a reasonable doubt. This is a high bar to meet, and prosecutors can fall short of this standard. If the state’s evidence is weak, your attorney can argue that the prosecution has failed to meet its burden.
Talk To An Alameda County Homicide Attorney Law Today
If you have been arrested on suspicion of homicide, there is no question that you face severe legal peril. A conviction can cost you your freedom and potentially even your life. The good news is that you have the right to fight back. An Alameda County homicide attorney can ensure your rights are protected every step of the way.
There is no benefit to delaying your defense. The earlier you speak with an attorney, the better your chances of achieving the outcome you deserve. Contact Berkowitz Law as soon as possible to discuss your options.
Our Alameda County Homicide Attorney Answers Your FAQs
What is the difference between homicide and murder?
Homicide is the general term for the killing of one person by another. Murder is a type of homicide that involves malice aforethought, either express or implied.
Can a murder charge be reduced to manslaughter?
Yes. In some cases, evidence may support reducing a murder charge to voluntary or involuntary manslaughter, which carry significantly lighter penalties. Our attorneys understand what it takes to negotiate with the state for lesser charges.
Does California still have the death penalty?
Yes, although executions are currently on hold in California, the law still allows the death penalty for certain first-degree murderers with special circumstances.
Can someone claim self-defense in a homicide case?
Yes. If the defendant reasonably believed they were in imminent danger of being killed or seriously injured, California law allows the use of deadly force in self-defense.
Can a homicide conviction be expunged?
No. Murder and manslaughter convictions cannot be expunged in California. They remain on the defendant’s record permanently.