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Murder & Homicide

Murder & Homicide Criminal Defense Attorney in Los Angeles

At YourDefenseAttorneyLA we have the best criminal defense attorneys in Los Angeles, with over 40 years of experience and more than 1000 cases won in their background. We offer top notch service to the entire Latino community. We can speak in Spanish for the convenience of our clients.

 

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To learn more about the laws related to Murder & Homicide in the state of California, we advise you to keep reading, our goal is to clear all your doubts, but keep in mind that the information offered here should not be used as a substitute for a qualified and experienced attorney in criminal cases to defend you.

Murder and Homicide-Criminal Defense Attorney in Los Angeles

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Criminal Defense Attorney in Los Angeles

"(a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.

(b) This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following applies

  1. The act complied with the Therapeutic Abortion Act, Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code.
  2. The act was committed by a holder of a certificate as a physician and surgeon, as defined in the Business and Professions Code, in a case where, with medical certainty, the result of childbirth would be the death of the mother of the fetus or where her death from childbirth, although not medically certain, would be substantially certain or more likely than not.
  3. The act was solicited, aided, abetted or consented to by the mother of the fetus.

(c) Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other provision of law."

California Statutes – Penal Code 187

When is First Degree Murder?

According to California's first-degree murder law, homicides that can be classified as first-degree murder include weapons of mass destruction, bombs or explosive devices, armor-piercing ammunition, poison, and firearms fired from automobiles. When the defendant committed murder after stalking or torturing the victim, it also includes murder while committing or attempting to commit a felony, such as robbery, burglary, rape, kidnapping, and other specified crimes.

How is First Degree Murder Penalized?

In California, there are three forms of sentencing; imprisonment for 25 years in state prison, life imprisonment, or the death penalty (although it should be noted that the death penalty is currently suspended). State law requires life imprisonment or life imprisonment for homicides involving special circumstances under the California Penal Code. For example, when the individual's goal is to kill others for financial gain.

Example: When a person takes another person's cell phone and walks away, while the victim was distracted. This crime would fit better as petty theft, since there was no violence involved.

Another example: Criminals enter a property, and the owners are not to be found. They take several valuables and leave.

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