Los Angeles Capital Murder Defense Lawyers

Attorneys in Los Angeles Firmly Defend Against Capital Murder Charges

Los Angeles has a long and notorious history with capital murder cases. Some of the most high-profile cases in recent memory have been prosecuted in Los Angeles, including the O.J. Simpson case and the Menendez brothers case.

A capital murder charge is the most serious charge that can be filed against a person in the United States. If you are convicted of capital murder, you could face the death penalty. That is why it is critical that you have an experienced lawyer by your side who knows how to build a strong defense and who will fight for your rights.

The Los Angeles murder defense attorneys at Werksman Jackson & Quinn LLP have decades of experience handling these types of cases. We can aggressively defend you and work to get the best possible outcome in your case. If you are facing serious charges, call us at (213) 688-0460.

What Is Considered Capital Murder in Los Angeles?

Capital murder is the most severe kind of homicide charge in the United States. The state of California defines capital murder (Penal Code 187a) as any first- or second-degree murder that was carried out with special circumstances and with malicious afterthought.

Moreover, California PC Section 190.2 has over 20 unique situations listed in which capital murder can apply. These include killing:

• For monetary gain
• One or more victims
• Any law enforcement or police officers
• A witness to stop a testimony
• Via drive-by shooting
• Via gang activity
• As a hate crime

The penalties for capital murder are severe. First-degree murder is the most serious type of homicide in California and is punishable by 25 years to life in prison. For you to get a first-degree murder conviction, the prosecutor must be able to prove that you intentionally killed someone and did so with premeditation and deliberation. Premeditation and deliberation mean that you thought about and planned the murder ahead of time. This does not necessarily mean that you planned it for weeks or months in advance — it could have been just a few minutes. However, some time must have passed between when you formed the intent to kill and when you actually carried out the killing.

If the prosecutor cannot prove that you acted with premeditation and deliberation, then your charge may be reduced to second-degree murder. Second-degree murder is still a very serious crime, but it is punishable by 15 years to life in prison. Examples of second-degree murder include killing someone as a result of driving under the influence and killing someone at random in a movie theater after opening fire.

How to Respond to Capital Murder Charges in Los Angeles

Exercising your right to remain silent is fundamental if you are accused of capital murder, and the Fifth Amendment of the U.S. Constitution grants you the right to avoid self-incrimination.

Law enforcement officers may attempt to elicit statements from you that could be incriminating, but you are under no obligation to speak without your lawyer present. It's best to clearly state your intent to remain silent and request legal counsel immediately.

These are serious charges, so you'll want to find a knowledgeable criminal defense attorney with experience handling Los Angeles capital murder cases. An experienced lawyer is much better equipped to understand the complexities and nuances of your situation. Your criminal defense attorney can develop a strong defense strategy, ensuring that your rights are protected throughout the legal process. Your lawyer is the only person you'll want to talk to about your case; don't discuss case details with friends or on social media.

From the moment you're accused of capital murder, it's essential to safeguard any physical evidence, documents, or digital records that may support your case. Your attorney will spring into action, securing evidence such as surveillance footage, interviewing witnesses, and making sure the arresting officers observe your rights.

Legal Process in a Capital Murder Case

Upon arrest, you will be taken into custody, and your rights will be read to you. Following your arrest, you will be held in jail until your arraignment, which typically occurs within 48 to 72 hours. At the arraignment, you will be formally charged with capital murder, and the court will inform you of the charges against you. You will also have the opportunity to enter a plea of guilty, not guilty, or no contest.

During the pre-trial phase, both the defense and prosecution engage in discovery, where they exchange evidence and information pertinent to the case. Pre-trial motions may be filed by your lawyer to challenge the admissibility of certain evidence, which can significantly impact the trial's outcome. This phase also includes plea bargaining, where negotiations may occur to reach a settlement before the trial begins.

The trial phase begins with jury selection, where your defense attorney works to choose impartial jurors. During the trial, each side can make an opening statement, present evidence, call witnesses to the stand, and question witnesses. After lawyers for the prosecution and defense make their closing arguments, the jury then deliberates until it reaches a verdict. If the defendant is found guilty, sentencing will follow.

An appeal process centers on legal errors that may have occurred during the trial. If your lawyer identifies such errors, they will file a notice of appeal, prompting a higher court to review the case. This review can lead to various outcomes, including a new trial, a reduced sentence, or even an overturned conviction.

What Common Defenses Could Be Used for Capital Murder Cases?

The defenses for capital murder depend on the specific facts of your case, but some common defenses include:

• Self-defense or defense of others
• Accidental killing
• Lack of premeditation and deliberation
• Insanity
• Diminished mental capacity
• Mistaken identity
• False accusation

If you are charged with capital murder, it is imperative that you have an experienced Los Angeles violent crime defense attorney on your side to help you navigate the complex legal system and defend your rights. With so much at stake, you cannot afford to go through this process alone.

Importance of Expert Witnesses in a Capital Murder Case

Expert witnesses play a significant role in the defense against capital murder charges. These professionals provide specialized knowledge that can influence the jury's perception of the evidence. For example, forensic experts may analyze and interpret physical evidence, such as DNA, fingerprints, and ballistic reports, to potentially uncover discrepancies or alternative explanations.

Mental health professionals may offer insights into the defendant's psychological state, which can be crucial for establishing defenses like insanity or diminished capacity. Other experts, such as crime scene analysts and medical examiners, can reconstruct events and challenge the prosecution's narrative. Securing credible and authoritative expert witnesses is essential for a robust defense strategy.

Psychological Impact of Facing Capital Murder Charges

Facing capital murder charges is not just a legal battle — it's a significant psychological challenge that's likely to be more intense than anything you have ever undergone in your lifetime. The stress and anxiety can feel overwhelming — and this emotional strain extends beyond the accused. Family and loved ones may also experience fear, confusion, and a sense of helplessness.

Additionally, the social stigma attached to such serious charges can lead to isolation and withdrawal from support networks, further exacerbating emotional distress. Seeking mental health support can provide invaluable assistance in navigating these intense emotions. Professional counseling can likewise provide coping strategies to manage stress and anxiety, while support groups offer a sense of community and understanding.

Addressing the psychological impact head-on is also essential for maintaining mental well-being throughout the legal process. This can help the accused and their families remain resilient during this incredibly challenging time.

Contact Our Los Angeles Capital Murder Lawyers for Legal Help

If you have been charged with capital murder, it is important to understand the severity of the charge and the possible penalties you are facing. We highly recommend immediately seeking out the help of a qualified and experienced Los Angeles capital murder lawyer. This will ensure your case starts on the best foot possible.

Contact Werksman Jackson & Quinn LLP at (213) 688-0460 today. We will extensively review your case and help you understand your options moving forward.