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This is a continuation on some of my earlier articles on the law of Homicide.  If you or a loved one are charged with Homicide  you should call right away so that we can start to help you as soon as possible.  

WHAT IS CAPITAL MURDER

First Degree Murder with special circumstances as defined in Penal Code section 190.2 subdivision (a)(1)

2. First Degree Murder with a prior murder of either first or second degree.  Penal Code 190.2 a 2

3. Multiplle murder, at least one of which is of the first degree, in the instant proceeding (Penal Code sectin 190.2 subd. a3. 

one of which is of the first degree, in the instant proceeding. 

If the trials are severed and the defendant is convicted of a second degree murder in the first trial and a first degree murder the special circumstances applies, and the person is subject to the death penalty.  if the defendant is convicted of First Degree Murder in the first trial and second degree murder in the second trial then they are not subject to the death penalty. 

there are also some other death penalty eligible murders such as murder by explosive device, such as a murder of a police officer in the performance of there duties.

 

There are also several other murders which fall under this type of eligibility for the death penalty.  I will be continuing this series of articles as to other types of murder and death penalty eligible cases. 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Fresno Criminal Defense Attorney
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