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Homicide & Murder

If you are being charged with murder or attempted murder, it is more than likely that you are facing life in prison.  Your life is your biggest asset, so don't leave your life in the hands of those who only see you as another number.  Put your life in the hands of Do & Associates where you are not just another number, but a life worthy of saving. 

The term homicide and murder have been used synonymously, but they are not one and the same thing.  Homicide is actually a category for any crime that involves the death of another human being (murder or manslaughter).  The term murder means that the homicide was committed with malice aforethought.  Malice aforethought is a mental states which is defined as the intent to kill, intent to inflict serious bodily injury, and/or wanton disregard for human life. 

Under California's Felony-Murder Rule, if a death occurs during the course of an inherently dangerous felony (Burglary, Robbery, Kidnapping, etc.), it may be treated as Murder regardless of whether the death was intentional or accidental. 

If the homicide is committed without malice, it is not murder.  Instead, it maybe voluntary or involuntary manslaughter.  These distinctions are crucial and can mean the difference between time in prison or the death penalty. 

The District Attorney's office will typically charge you with murder if they believe that the killing was committed with malice aforethought, and without any provocation or mitigation.  They will charge you with manslaughter if they believe that the death was caused by recklessness, provocation, or under other mitigating circumstances. 

Contact Do & Associates today to discuss the law applicable to your case, and to determine your rights. 

Punishment

The penalty for first-degree murder can be a sentence of twenty-five years to life in prison.  If the charge is capital murder, the most serious type of murder, the penalty maybe life in prison without parole or even the death penalty. 

Possible Legal Defenses,
or Mitigating Circumstances

Defenses  and mitigating circumstances, include but are not limited to:

  • Justification
  • Self-Defense
  • Defense of Others
  • Heat of Passion
  • Accidental Death
  • Insanity
  • Capacity
  • Procedural Defenses (Violation of Constitutional Rights)

To make sure you have an adequate understanding of the charges against you and the defenses available to you, it is vital that you contact Do & Associates immediately to discuss your case.  We will thoroughly look into your case with a fine tooth comb and aggressively fight for you. 

Contact us now for a FREE CONSULTATION.

Disclaimer: The information provided herein does not constitute legal representation or legal advice.

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