The crime of murder represents the killing of a person by any other person intentionally with malice and with no legal excuse or authority. Is an act that takes place with intention and premeditation, and therefore represents the most severe criminal homicide. There are several degrees of murder that are recognized under the law.
First degree murder is both intentional and premeditated. The intention includes even killing someone that was not the victim who was originally planned to kill and the premeditation can be from short to long term. Second degree murder is without planning or previous plan, no intent to kill and usually the killing is committed in the heat of aggression.
Murder is is a very serious crime. Depending on the case, the state law or country may punish a person of this crime with life prison or even death penalty. In general, it is the highest crime that a person can commit under the eye of law and therefore penalties for murder are one of the most severe ones.
Murder Laws / Punishment / Defense in California
California Penal Code Section 187 PC describes the crime of murder in California State as the illegal killing with intention or with malice of a human being .
Murder crime in California can be charged as first-degree or second-degree under the law. First-degree murder in California generally carries a punishment of 25 years to life in state prison. First-degree murder may be charged in California under the statutes when the killing:
- Is accomplished by means of a firearm, weapon, anything of mass destruction, poison, or anything which can be used to kill a person.
- Is done with intent, willfully, and purposefully to kill.
- When the murder occurs by the accused or convicted during the commission of certain serious felony crimes in California.
All other murders in law are second-degree in California. The punishment of second-degree murder is 15 years to life imprisonment in jail.
Some common defense for charges of murder are
- Self defense
- The accused is mentally ill or unstable
- Accidental killing
- No intent to kill
- False accusation
- Insufficient evidence
- Illegal search and seizure
Criminal Defense Attorney
Murder is a serious and critical offense in California. The help from an experienced and skilled federal criminal defense attorney is crucial to get the best deal possible when facing charges or conviction of murder. With more than 40 years of experience, the Law Office of Raoul Severo is at your disposal for a free of charge assessment of your case.
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