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Los Angeles Homicide Attorneys

Lawyers Defend People Facing Homicide Charges in Los Angeles

Although Los Angeles is famous for its glitz and glamor, it’s also known for its high crime rate. The city has the unwelcome reputation of having one of the highest homicide rates in America.

If you have been accused of homicide, it is important to find a Los Angeles homicide attorney who can help you navigate the criminal justice system. The right lawyer will have experience handling homicide cases in Los Angeles and will be familiar with the city’s unique legal landscape.

If you or a loved one have been charged with homicide, do not hesitate to contact Werksman Jackson & Quinn LLP at (213) 688-0460.

What Is Homicide?

Homicide is the killing of one human being by another. This criminal act may also refer to the crime of murder, which is the unlawful killing of another person with malice aforethought. Los Angeles, California, defines homicide as the killing of a human being by another human being. The state further divides homicide into two categories: murder and manslaughter.

Murder is the unlawful killing of another person with malice aforethought. This means that the killer had the intent to kill someone without a lawful justification or excuse. On the other hand, manslaughter is the unlawful killing of another person without malice aforethought. This can occur when the killer acts in the heat of passion or self-defense.

What Are the Penalties in Los Angeles for Homicide

In Los Angeles, homicide is punishable by up to life in prison. If you are convicted of homicide, you will likely face a lengthy prison sentence. If you are charged with homicide, it is important to contact a Los Angeles violent crime defense attorney as soon as possible. An experienced lawyer can help you navigate the criminal justice system and fight for your freedom.

Your sentence will depend on the facts of your case and your criminal history. For example, a conviction of first-degree murder can carry a sentence of 25 years to life in prison without parole. If you are convicted of second-degree murder, you may be sentenced to 15 years to life in prison. Regarding your history, if you have been convicted of crimes in the past—especially violent crimes—your sentence may be increased if convicted of homicide.

Moreover, your sentence will depend on whether your homicide case involved lying in wait, using a weapon intended to harm, torturing the victim, or if additional special circumstances were associated with the crime. Any of these can automatically increase your sentence to capital punishment or life in prison.

A homicide conviction will also result in a loss of your right to possess firearms. Additionally, you will have a permanent criminal record if you are convicted of homicide. Being convicted of homicide can have a devastating impact on your life. That is among the many reasons why it is so important to have experienced legal representation.

Types of Homicide Charges in Los Angeles

Understanding the various types of homicide charges in Los Angeles is crucial for anyone facing such serious allegations. The legal landscape surrounding homicide is complex, encompassing a range of charges, each carrying different implications and potential penalties:

  • First-degree murder is considered the most serious homicide charge. It involves the intentional and premeditated killing of another person. In California, for a murder to qualify as first-degree, there must be evidence that the perpetrator planned the crime. This type of charge often carries the harshest penalties, including life imprisonment without the possibility of parole or even the death penalty in some cases.
  • Second-degree murder is a serious charge that involves the intentional killing of another person but without the premeditation or deliberation required for first-degree murder. In other words, while the act is intentional, it is not planned. This charge often arises from situations where the defendant acted with a reckless disregard for human life. The penalties for second-degree murder are severe, typically ranging from 15 years to life in prison, but this may be increased to 25 years to life if there are aggravating factors.
  • Capital murder, also known as special circumstances murder in California, is a type of first-degree murder that can result in the death penalty or life imprisonment without the possibility of parole. This charge is reserved for the most heinous crimes, including the murder of a police officer, multiple victims, or murder committed during the commission of certain felonies, such as kidnapping, robbery, or rape. Murders that involve torture, lying in wait, or the use of destructive devices also fall under this category.
  • Felony murder is defined as a killing that occurs during the commission or attempted commission of certain felonies, such as robbery, burglary, rape, or arson. The key aspect of felony murder is that the prosecution does not need to prove intent to kill — it is sufficient to show that the death occurred while the defendant was engaged in the felony. This legal framework is outlined in California Penal Code Section 189, which categorizes felony murder as first-degree murder if it occurs under specific conditions. The severe nature of these charges underscores the importance of understanding this doctrine, as it can lead to significant prison sentences, including life imprisonment without the possibility of parole.
  • Attempted murder means that the defendant must have had a clear, deliberate purpose to end another person’s life. It’s not enough for the prosecution to prove that the defendant acted recklessly or with general malice. Attempted murder carries a penalty of between five and fifteen years.
  • Voluntary manslaughter occurs when a person intentionally kills another in the “heat of passion” or during a sudden quarrel without having prior intent to kill. This charge acknowledges that while the act was intentional, it was not premeditated and occurred under circumstances that could cause a reasonable person to become emotionally or mentally disturbed. Voluntary manslaughter typically carries three to eleven years in state prison.
  • Involuntary manslaughter involves the unintentional killing of another person due to reckless or negligent behavior. Unlike voluntary manslaughter, there is no intent to kill or cause serious harm. In California, involuntary manslaughter is typically punishable by two to four years in state prison, along with fines and probation.
  • Vehicular manslaughter occurs when a person causes the death of another through negligent or unlawful driving. This can include actions such as reckless driving, driving under the influence of alcohol or drugs, or violating traffic laws. In California, vehicular manslaughter is divided into different categories based on the severity of negligence and whether gross negligence was involved. Penalties can range from probation and fines to several years in state prison, depending on the circumstances and severity of the offense. Gross vehicular manslaughter while intoxicated carries harsher penalties than a charge involving ordinary negligence.

Common Legal Defenses for Homicide Cases

A number of defenses can be used in a homicide case, depending on the circumstances, such as the following:

  • Self-defense
  • Defense of others
  • Defense of property
  • Accidents
  • Insanity

These are just a few possible defenses that can be used in a homicide case. Your attorney can explain all the defenses that may be available to you and help you decide which ones to use in your case.

Process of a Homicide Investigation

Law enforcement officers are typically the first to arrive at the scene. Their primary responsibilities include securing the area to prevent contamination, providing necessary medical assistance, and identifying potential witnesses. The immediate actions taken by the first responders are crucial for preserving evidence that may be pivotal in solving the case.

Officers will also establish a perimeter to control access to the scene, ensuring that only authorized personnel enter. They may also take preliminary statements from witnesses and suspects to gather initial insights into what happened. Proper documentation, including photographs and notes, begins at this stage to create a detailed record of the scene.

Forensic experts analyze physical evidence such as DNA, fingerprints, bloodstains, and ballistic materials to uncover crucial details about the crime. Forensic science plays a key role in homicide investigations by providing objective, scientific analysis that can link a suspect to a crime or exonerate the innocent. Proper handling and preservation of forensic evidence are essential to ensure its reliability and admissibility in court. Advanced forensic techniques, including toxicology tests and digital forensics, can reveal information about the victim’s cause of death, the timeline of events, and the involvement of potential suspects.

Challenges for Los Angeles Defense Attorneys in Homicide Cases

Evidence tampering presents significant legal challenges for defense lawyers in homicide cases. Tampering can involve altering, destroying, or fabricating physical evidence, which can severely impact the integrity of an investigation. Any irregularities or gaps in this chain can cast doubt on the evidence’s authenticity and reliability. Defense attorneys may also employ forensic experts to re-examine the evidence and provide independent analyses. If tampering is proven, it can lead to the exclusion of compromised evidence, potentially weakening the prosecution’s case.

False confessions pose a significant challenge for defense lawyers in homicide cases. These confessions can occur for various reasons, including coercive interrogation techniques, psychological pressure, or the suspect’s mental state. Expert testimony from psychologists or forensic experts can be crucial in demonstrating how a false confession could have been elicited.

Witness reliability is a critical concern for defense attorneys in homicide cases. Eyewitness accounts can be powerful evidence but are also prone to errors and biases. Factors such as stress, lighting conditions, and the passage of time can affect a witness’s memory and perception. Defense lawyers must thoroughly investigate the credibility of witnesses by examining their statements, cross-referencing with other evidence, and identifying any inconsistencies or contradictions.

Sentence enhancements can significantly increase the severity of the penalties associated with a conviction based on specific circumstances, such as the use of a firearm, prior convictions, or gang affiliations. During plea negotiations, defense attorneys aim to mitigate the impact of these enhancements by challenging their applicability or seeking their dismissal as part of the plea deal. Successfully negotiating the exclusion or reduction of sentence enhancements can lead to substantially less severe sentences for defendants.

Legal Process in a Los Angeles Homicide Trial

Arraignment is the initial court appearance in a homicide trial where the defendant is formally charged and informed of their rights. During this proceeding, the charges are read aloud, and the defendant is asked to enter a plea, typically “guilty,” “not guilty,” or “no contest.” The judge may also address bail, determining whether the defendant will be released or held in custody until trial.

The preliminary hearing is where the court determines if there is sufficient evidence to proceed to trial. During this hearing, the prosecution presents its case by calling witnesses and submitting evidence. The defense has the opportunity to cross-examine witnesses and challenge the evidence presented. Unlike a trial, the goal is not to prove guilt beyond a reasonable doubt but to establish whether there is probable cause to believe the defendant committed the crime.

The trial process in a homicide case is a multi-stage procedure where the prosecution and defense present their cases before a judge and jury. It begins with jury selection, where lawyers from both sides screen potential jurors for biases or conflicts of interest. Opening statements follow, providing each side an opportunity to outline their arguments and evidence. The prosecution then presents its case, calling witnesses and submitting evidence, which the defense can cross-examine.

After the prosecution rests, the defense presents its case, offering evidence and witnesses to refute the charges. Closing arguments summarize the key points of each side’s case, aiming to persuade the jury. The jury then deliberates to reach a verdict based on the evidence and arguments presented.

What Is a Plea Bargain in a Homicide Case?

Plea bargaining is a legal process where the defendant agrees to plead guilty to a lesser charge or only some of the charges brought against them in exchange for certain concessions. These concessions can include a reduced sentence, dismissal of some charges, or other favorable outcomes. Plea bargaining allows for the swift resolution of cases, saving time and resources for both the court and the defendant. It also provides a measure of certainty for defendants who might otherwise face unpredictable jury verdicts and potentially harsher sentences.

The process of plea bargaining in murder trials follows a structured series of steps that ensure legal safeguards are maintained. Initially, the defense and the prosecution assess the evidence and the strength of their respective cases. This evaluation determines whether plea bargaining is a viable option. The defense attorney then discusses potential plea deals with the prosecutor, seeking to negotiate terms that are favorable to the defendant. Once a preliminary agreement is reached, the defendant must review and approve it, ensuring they fully understand the implications. The plea agreement is then presented to a judge, who evaluates its fairness and legality. The judge’s approval is necessary for the plea bargain to be finalized.

Get Help From Our Los Angeles Homicide Defense Lawyers

A homicide charge can be overwhelming, and the consequences of a conviction are life-changing. A skilled attorney can help you understand the charges against you and how to proceed. If you have been charged with homicide, contact an experienced Los Angeles criminal defense lawyer at Werksman Jackson & Quinn LLP today at (213) 688-0460. We can provide the professional legal help you need to fight the charges and protect your future.

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