Second Degree Murder

Ventura Second Degree Murder Attorneys

Things can change in the blink of an eye. If you are being accused of second degree murder, you need a team of aggressive, experienced Ventura second degree murder lawyers. Second degree murder carries significant consequences in the state of California. If convicted, you could be looking at life in prison.

The Law Offices of David S. Chesley are here to help you and your family during this difficult time. We will provide you with the highest quality representation and ensure that your best interests are looked after at all times. We encourage you not to speak with the police, or anyone for that matter, until you have consulted with us. You might feel like your back is against the wall, but you have rights.

What Constitutes Second Degree Murder?

Second degree murder falls under California Penal Code 187. It is defined as, “The unlawful killing of a human being or fetus with malice aforethought.” Malice aforethought means that you intended to kill the person.

In simple terms, second degree murder is an intentional killing that was not premeditated, unlike first degree murder that must be planned for. In the state of California, second degree murder describes all murders that are not first-degree murder. This makes the law complicated at times, as it all boils down to the frame of mind you were in when the killing occurred.

Usually, murders in the second degree are done impulsively. You understood what you were doing in that moment and what consequences could ensue, but you acted out of impulsiveness. Maybe you were angry or in a rage, such as coming home to find that your wife was having an affair with a friend of yours. You obviously did not plan to come home and kill someone, but seeing your wife being intimate drove you to it.

Reckless Disregard & Felony-Murder Rule

Second degree murder can also result from a situation where you wanted to cause bodily harm to someone but did not mean to kill them. Perhaps someone pushed you at the bar and you pushed him back and a fight ensued. As you beat him up, he suffered a head wound and died. Though you meant to hurt him, your intention was not to kill him. Nonetheless, acting aggressively towards someone comes with the possibility that they can be killed, so second degree murder applies here.
It’s also important to point out that you can be charged for a death that occurs while committing certain felonies, as is the case with first degree murder. This is looked at on a case-to-case basis, but it allows people to be charged with murder if they kill someone while committing a felony, such as:

• Arson
• Robbery
• Burglary
• Torture
• Rape
• Carjacking
• Train wrecking
• Kidnapping
• Mayhem
• Unlawful acts of sodomy
• Forcible acts of penetration
• Lewd acts with a minor

 

Legal Defenses for Second Degree Murder

If you have been accused of second degree murder or are concerned that you will be, we urge you to get into contact with our team of experienced Ventura second degree murder attorneys. Do not talk to the police or anyone else, as your statements could be incriminating.

When you work with the Law Offices of David S. Chesley, we start by gathering all the facts. Our consultations are free and confidential, so don’t hesitate to reach out and schedule an appointment with us. After hearing your circumstances, we can determine what type of case you have and the best way to fight it.

In some cases, the defendant is innocent and denies killing anyone. In other cases, the defendant admits to doing the killing but claims that there was justification in doing so. The angle we take will depend on the circumstances surrounding the murder and the evidence you have to support your claims.

Some of the defenses that our Ventura second degree homicide lawyers may use include:

• Innocence. If you are innocent, our second-degree murder lawyers in Ventura will fight diligently for your name to be cleared. We are aggressive and passionate. If anyone can get it done, it’s us! To support your defense of innocence, it’s important to have an alibi and supporting evidence of where you were when the crime was committed. All we need for this defense is a reasonable doubt that you did not commit the murder.

 

• Self-defense. If you found yourself in a situation where you had to protect your life, we can use the defense of self-defense. There are a few rules that apply in these cases, such as:

   

  • The defendant cannot be at fault for the situation that unfolded
  • The defendant was not in a place where they weren’t supposed to be
  • The defendant was not the aggressor
  • The defendant had a reasonable fear of death or harm
  • The defendant attempted to avoid danger

 

• Intoxication. There are two different types of intoxication in second degree murder cases: voluntary intoxication and involuntary intoxication. Getting drunk on your own accord is not an excuse for murder, but it can reduce your charges. Involuntary intoxication means you were drugged and may relieve you of the charges. However, it’s very difficult to prove that intoxication was not voluntary.

 

• Insanity. Insanity won’t necessarily relieve a defendant of second degree murder charges, but it can reduce charges. Again, proving insanity can be difficult because even people who are mentally ill often know right from wrong.

 

Exceptional Results from Our Ventura Second Degree Murder Lawyers

The biggest ally you have in a second-degree murder case is your lawyer. The Law Offices of David S. Chesley are here to fight for your rights. We have an impressive track record with many cases being dismissed or charges reduced.

Many of our Ventura second degree murder attorneys are former judges, prosecutors and police who practiced in the state of California. We are not afraid to step into the courtroom and demand what’s right. We are well-known and respected by the local courthouses, and our known reputation often makes it easier for us to work out deals with prosecutors.

With over 50 years of courtroom experience and confidence navigating the California laws, you and your family can put your full trust in us. Not sure you want to move forward? Take us up on a free case evaluation. This time gives us a chance to talk and review the various approaches to your case. With your freedom on the line, you owe it to yourself to work with the most competent and qualified team of second degree murder lawyers in Ventura CA.