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If you or a loved on or friend has been charged with Homicide commonly referred to as Murder you need to seek legal assistance right away.  the area of Homicide is a very complex area.  You need EXPERIENCED representation.  This is not an area where the local DUI guy should be called to handle this matter.  I have handled more than 30 homicide cases in 5 different counties.  I have taken more than 8 to trial, including 5 first degree murder trials. 

I have recieved at least partial aquitalls in half of those cases, not counting the cases where our own investigation led the prosecution offering lesser charges saving my clients many  decades in prison. Of course all cases are different and stand on there merits alone, however, before you hire someone that has zero experience trying homicide cases give us a call. 559-441-1418.

 

SPECIAL CIRCUMSTANCES MURDER

Special circumstances Homicides are the most serious of Homicide cases.  These require some special circumstance and make a person eligible for the Death Penalty in the state of California.  Some of the special circumstances include Homicide with a previous homicide, or other listed special circumstances.  Some Attorneys have stated that 1st Degree Murder is the highest degree of Murder this is innacurate.

 

1st DEGREE MURDER 

1ST Degree Murder is Homicide with Malice aforethought.  And the added element of premiditation and deliberation. 

DEFENSES TO FIRST DEGREE MURDER

That the Homicide was committed under a rash impulsive act if someoen acted rashly and impullively then they did not act with premiditation and deliberation.

There are other defenses to first degree murder that apply to all other Homicide cases.  Such as Self Defense, Defense of Others and other defenses that I touched on in other blogs.

SECOND DEGREE MURDER

Second Degree Murder is a Homicide committed with Malice of forethought.  And the Homicide was not committed with premiditation and deliberation. 

many commentators wrongly blog that a defense to second degree murder is Manslaughter.  That is not correct.

MANSLAUGHTER

If there is manslaughter or if the person acted out of a sudden quarrel or in the heat of passion after adequate provocation, then the crime the person had committed is Manslaughter not Homicide.  This is because if the person acted out of heat of passion or in a sudden quarel or in the heat of passion then the person did not act with Malice a requirement for Homicide. 

Another way to get to Manslaughter is Imperfect Self Defense, which I went into in another blog post.  However, in short, imperfect self defense is an honest but unreasonable belief in the need to use deadly force. 

INVOLUNTARY MANSLAUGHTER

Causing a death without malice, without due caution and circumspection. 

So if you have any questions give us a call at 559 441-1418. 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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