The unlawful killing of a human being is known as homicide. In the state of California, those arrested for homicide can be charged with either murder or manslaughter. Manslaughter generally applies to an attack that was not premeditated or not intended to end the life of the victim. Murder is the more serious charge of the two and is marked by the presence of "malice aforethought."
Malice can either be classified as express or implied. Express malice is when the defendant specifically intended to kill the victim. Implied malice is when the defendant intended to cause serious bodily injury to the victim.
It can be tried in either the first or second degree. First degree murder is also considered felony murder, which includes any act of murder that is done while committing another felony, such as:
Second degree murder also involves maliciousness and acting in an intentional manner, but it does not require premeditation on the action.
At The Law Offices of Elia A. Naqvi, one of our more difficult cases involved a client who was charged with the attempted murder of a police officer. Our client was the driver of the car; the co-defendant was the passenger and alleged shooter. Before trial, our client was offered a sentence of 20 years to life. We took the case to trial where we demonstrated that one of the police officers involved fabricated facts to falsely incriminate our client. The jury eventually found our client not guilty.
Though no Santa Ana criminal defense attorney is able to guarantee results, we are proud to stand with each of our clients in the courtroom. It is a privilege to accord them the provisions and protections guaranteed them by the Sixth Amendment of the United States Constitution. Everyone who has been charged with a crime, even and especially the crime of murder, is entitled to the assistance of a thorough legal defense.
Call us at (714) 863-8677 to schedule a free consultation. We answer our phones 24/7!