Homicide Crimes in Los Angeles

Understanding homicide crimes in Los Angeles can be very challenging, given the extremely serious nature, and especially for individuals with no legal background. In order to better understand the nature of such serious offenses, this discussion highlights the types of homicide and their respective legal consequences, potential defenses, and the procedural stages a case of such a nature undergoes before getting handled down in California.

What Constitutes a Homicide Crime?

Homicide in Los Angeles under California Penal Code section 187 is one of the most well-known sections of the Penal code among various homicide crimes, however, there are many other sections as well. Each section is defined by specific legal criteria and intent. Let’s understand these distinctions to help you plan better for the legal procedure if ever faced with such circumstances.

Types of Homicide Crimes

  • First-degree murder: Planned and premeditated, this is the most severe form of homicide where most commonly the perpetrator intends to kill with willful, deliberate, and premeditated. There are also other variations of First-degree murder.
  • Second-degree murder: This involves intentional killing without premeditation, occurring spontaneously or as a result of another dangerous felony.
  • Voluntary manslaughter: Typically a crime of passion, this occurs when a person kills another upon a sudden quarrel or heat of passion, or in a moment of strong emotion without prior intent to kill.
  • Vehicular Manslaughter: This oftentimes occurs when a homicide occurs as a result of driving car, someone is killed during the commission of an unlawful act, not amounting to a felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.
  • Involuntary manslaughter: Results from reckless actions or during the commission of a non-felony crime that accidentally causes death.
  • Justifiable homicide: Legally excused killings, such as in self-defense, where the use of deadly force is deemed necessary and lawful.

Legal Penalties for Homicide in California

The consequences for committing homicide vary significantly, reflecting the gravity and circumstances of the offense.

  • Penalties for First-Degree Murder

Penalties for murder in the first degree can include 25 years to life in prison, life in prison without parole, and in some cases, the death penalty. All of these on the table under penal code 187 in California. The punishment is especially high for murders allegations involving special circumstances such as the unlawful killing a law enforcement officer.

  • Penalties for Second-Degree Murder

Generally, results in 15 years to life in prison, with potential enhancements based on the crime’s specifics.

  • Manslaughter Penalties

Sentences for voluntary manslaughter can go up to 11 years, while involuntary manslaughter might lead to a maximum of 4 years in prison.

  • Potential Enhancements and Aggravating Factors

Factors like using a weapon or having a history of violence can lead to harsher penalties.

Defenses Against Homicide Charges

Preparing a strong defense against homicide charges requires understanding various legal strategies based on the circumstances of the case. Each defense targets a specific element of the crime, aiming to challenge the prosecution’s accusations directly.

  • Self-Defense and Defense of Others

Claiming self-defense involves proving that the killing was a necessary response to an imminent threat to life or serious injury.

  • Insanity Defense

This defense requires showing that the accused was suffering from a severe mental health issue that impaired their ability to understand their actions or distinguish right from wrong.

  • Lack of Intent

Proving that the killing was unintentional can significantly affect the charges and penalties.

The Homicide Investigation Process

Working through the stages of a homicide investigation requires a meticulous approach, as each phase plays a critical role in shaping the case’s outcome. Understanding how these processes unfold can be essential for anyone involved in or affected by such a serious legal matter.

  • Initial Arrest and Detainment

The legal process begins with the suspect’s arrest based on evidence suggesting their involvement in the homicide.

  • Evidence Collection and Forensic Analysis

A thorough compilation of physical and digital evidence is critical to building a strong case either for or against the suspect.

  • Court Proceedings and Trial Process

From arraignment to potentially a full trial, each step involves strategic legal planning and execution to determine the outcome. Having a knowledgeable Los Angeles criminal lawyer by your side is important.

How DCD LAW Can Help

Have you been accused of homicide? Let DCD LAW step in. Our team can provide quality, assertive legal defense appropriate to the specifics of your case, as needed to protect and defend your rights to the fullest extent.

Experienced in handling complex homicide matters, lawyers with our firm understand the subtleties involved in criminal defense in Los Angeles. We go with the most exhaustive legal services, including preparing all possible defenses based on evidence review, interviewing witnesses, and consultations with experts.

Our proactive approach means we address every issue in your case, from initial investigations to representation in the courtroom. DCD LAW will ensure clear communication to keep you informed at all stages of your case and ensure you understand your legal options.

We are ready to help you!

Work with an experienced criminal defense attorney, and a team that has successfully defended more than 1000 clients. Get started with us today.

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Frequently Asked Questions

What is the difference between murder and manslaughter?

Murder involves intentional killing with a specific homicidal intent, whereas manslaughter generally occurs in the spur of the moment or due to reckless behavior without premeditation to kill.

What should I do if I am accused of homicide?

Contact an experienced homicide lawyer immediately. Early legal intervention is crucial to protect one’s rights and to start working on an effective defense strategy in line with the peculiar case in question.

Can I receive bail if charged with homicide?

Bail isn’t always an option when being charged with homicide. Generally speaking, the granting of bail will depend on exactly what charges have been filed against you, what your past record looks like, and the quality of evidence against you.

How long does a homicide case take to resolve?

Homicide cases are complex and may take several months or even years depending on their legal complication and specification.

What are the potential defenses to a charge of homicide?

The defenses can vary, but they frequently involve arguing self-defense, proving a lack of intent to kill, or challenging the accuracy and admissibility of evidence presented by the prosecution.

Will I get good time/ work time credits if I am convicted of murder?

No. Unfortunately, a person who is convicted of murder, as defined in Section 187, shall not accrue any credit. A sentence must be served in full without any other reduction of credits.