In this article, you can discover:
- How changes in California law could impact your murder charges.
- Whether bail is a possibility after a murder charge.
- The sentencing guidelines for a murder conviction in California.
What Is The Difference Between The Old And New Felony Murder Laws In California?
Felony murder laws have undergone significant changes in California. Previously, virtually any participation in a felony that resulted in a homicide caused all participants in the felony to be charged with murder, even if they did not personally act to end another person’s life.
However, this law has changed. Now, under current law, being involved in a felony crime in which someone was killed will not automatically bring with it a murder conviction, so long as you did not individually commit the act that led to someone’s death.
Can I Get Bail On A Murder Charge In California?
Under changes to California law, you may be able to be released on bail or even on your own recognizance. A seasoned, skilled attorney can ensure that the court considers the possibility of bail under the most current laws and the circumstances of your case.
What Is The Difference Between First- And Second-Degree Murder In California?
The difference between first and second-degree murder in California is premeditation.
First-degree murder involves an intention to kill and premeditation (or deciding beforehand) to kill. E.g., someone deciding (premeditating) to kill another person and then driving to their home with a weapon and fatally shooting them.
Second-degree murder involves a loss of life but does not involve a plan or intention beforehand to kill. For example, someone punching another person with no intention to kill them, but causing them to hit their head and suffer a fatal injury in the process.
Both first and second-degree murder charges involve what is legally known as “malice aforethought”.
Attorney Andrea Sullivan is a committed criminal defense lawyer serving California. For over 10 years, she’s helped clients just like you understand their legal rights and craft a meaningful defense in light of murder and homicide charges.
Are you in need of quality, determined representation? Reach out to the Law Offices of Anakalia Kaluna Sullivan at (707) 730-4177 for a free 30-minute phone consultation today.
How Is “Malice Aforethought” Legally Defined?
“Malice Aforethought” means that a person showed an intent to harm or kill someone without an appropriate legal justification. Malice Aforethought also occurs when someone acts with extreme indifference to human life and understands that the consequences of their actions would be serious bodily harm or the death of the other person.
Can I Be Convicted Of Felony Murder If I Kill Someone In A DUI Accident?
In California, there is a charge known as “Watson Murder”. This means that you can be convicted of second-degree murder if previously convicted of a DUI and given an admonition that warned you that driving under the influence is extremely dangerous. And, further, if in the future you were to drive under the influence and someone is killed as a result, you can be charged with second-degree murder.
Should these circumstances, in fact, occur at a later date, you could face a conviction of felony second-degree murder.
What Are The Sentencing Guidelines For Murder In California?
Once a judge or jury has examined the facts of your case, heard all witness statements, and reached a verdict of murder, they must then affix the degree of murder as either first or second.
- A first-degree murder conviction brings with it a sentence of 25 years to life in state prison
- A second-degree murder conviction brings with it 15 years to life in state prison
If you are convicted of murder along with a special circumstance (such as kidnapping or arson), you will be sentenced to life in state prison without the possibility of parole.
These are incredibly serious, life-changing consequences. As a result, getting quality, caring, and diligent legal help to contest a murder charge in California is vital. Allow a skilled criminal defense attorney to review the details of your case, answer your questions, and help you defend your rights.
Still Have Questions? For more information on Facing Murder/Homicide Charges In California, a free 30-minute phone consultation is your next best step. Get the information and legal answers you are seeking by calling (707) 730-4177 today.
Attorney Andrea Sullivan is a committed criminal defense lawyer serving California. For over 10 years, she’s helped clients just like you understand their legal rights and craft a meaningful defense in light of murder and homicide charges.
Are you in need of quality, determined representation? Reach out to the Law Offices of Anakalia Kaluna Sullivan at (707) 730-4177 for a free 30-minute phone consultation today.
