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Dublin Murder Defense Attorneys
Defending Against Murder Charges in Alameda County
We are proud to defend those accused of felony and violent crimes in Dublin and the surrounding areas, including the charge of murder. Our team has fearlessly defended countless clients during their most dire times. At Thompson Garcia, A Law Corporation, we know how complicated these cases can be, so we devote our time and energy to investigating your case.
Are you facing charges for murder? Call Thompson Garcia, A Law Corporation, today at (510) 757-1878 or contact us online to schedule a free consultation with our murder defense lawyers in Dublin.
California Murder Laws
According to the law, murder is the intentional killing of another person with malice aforethought (premeditation). Because this crime is associated with intent, the judge will evaluate the evidence and determine whether the accused acted on an impulse or if there was a plan. This is different from manslaughter in that the killing resulted from a plan instead of a decision in the moment.
Malice aforethought or the intent to kill can be applied to cases where the accused allegedly inflicted bodily harm until the point of death or behaved in a way that clearly shows a disregard for life.
First-Degree vs. Second-Degree Murder
There are also two classifications of murder: first-degree and second-degree murder. The distinctions between the two vary from state to state, but generally, first-degree murder involves the intentional killing of another person. Second-degree murders are less malicious and may not involve forethought or planning.
In California, the penal code outlines specific methods of destruction that count toward a first-degree charge. A crime may be charged as first-degree murder if it involves the following:
- Use of ammunition intended to penetrate armor or metal
- Waiting for the victim
First-degree murders may also occur during another crime, like arson or kidnapping. All other murders are of the second degree.
Penalties For First-Degree Murder
The penalties for murder depend on the degree. In general, first-degree murder may result in a sentence of:
- 25 years to life in prison
- Life imprisonment without parole
It should be noted that the death penalty is suspended in California, but it is still in the penal code.
Specific circumstances surrounding a homicide could also determine how the defendant is sentenced. For example, any murder by way of an explosive or for financial gain is punishable by life imprisonment without the chance for parole.
Penalties For Second-Degree Murder
Second-degree murder is punishable by:
- 15 years to life in prison
- 20 years to life if the victim was killed by a firearm fired from a moving vehicle
- 25 years to life if the victim was a police officer
Second-degree murder charges are also based on the existence of a prior criminal record. In other words, if the accused has a history of violent crime, the judge may sentence them more harshly.
Defenses Against Murder Charges
Below are some potential defenses against murder charges in California:
- Self-Defense: You could use this defense If you can provide proof that you reasonably believed you were in close danger of death or serious bodily harm and that your use of force was necessary in order to protect yourself.
- Defense of Others: Like self-defense, you could use this defense if you reasonably believed that another individual was in close danger of death or serious bodily harm and your use of force was necessary in order to protect that person.
- Insanity: The insanity defense may be used if you can demonstrate that, during the time of the crime, you had a mental illness or defect that stopped you from understanding the nature or impacts of your actions or from differentiating right from wrong.
- Lack of Intent: If you can prove that the killing was accidental or unintentional, it may be possible to reason that you lacked the intent necessary for a murder conviction.
- Alibi: If you have evidence or witnesses to confirm that you were not present at the scene of the crime when the murder happened, an alibi defense could be used to challenge the prosecution's case.
- Mistaken Identity: This defense may be fitting if you can present evidence that you were falsely identified as the perpetrator and were not actually involved in the crime.
These are just a few possible defenses; the availability and success of each of these defenses will depend on your case's specific facts and circumstances. It's crucial to consult with a qualified murder defense lawyer from Thompson Garcia, A Law Corporation, who can assess your case and provide the personalized legal advice you need.
Your Case Is Never Hopeless
If you have been accused of murder in California, your fate may seem sealed. You are probably feeling apprehensive and anxious about the future, but know that your case is never hopeless with Thompson Garcia, A Law Corporation, on your side.
Thompson Garcia, A Law Corporation, leaves no stone unturned, so you can be sure that our team is on your side. Don’t leave your future to chance and entrust your case to our experienced legal professionals.
Contact Our Murder Defense Lawyers in Dublin Today
Being accused of any crime can be devastating. Not only is your future at risk, but your freedom is in jeopardy. Few crimes have the power to destroy your reputation, like murder, but you deserve legal representation.
At Thompson Garcia, A Law Corporation, our Dublin murder defense lawyers firmly believe that the right strategies are not always the most common. Our team of efficient, highly skilled legal professionals leaves no stone unturned and looks for the strategy that is aimed for success. Murder cases are rarely straightforward, so a unique approach is often the most optimal one. When you choose our Dublin murder defense attorneys, you can be sure that we will explore every option and investigate every detail to pursue the most optimal result.
Contact Thompson Garcia, A Law Corporation, today to get started on your defense with our Dublin murder defense attorneys.
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