First Degree Murder

Ventura First Degree Defense Murder Attorneys

Have you been charged with first degree murder? This is the most serious charge that you can face, and the penalties are just as serious. You have rights, and our team of experienced Ventura first degree murder attorneys are here to protect you.

In the state of California, first degree murder carries a punishment of death, life without parole or 25 years to life. These are not consequences that you want to serve if you did not commit first degree murder. With an unstable future, you can’t take any chances with your freedom. Do not talk to anyone until you have hired us.

Being Charged with First Degree Murder

First degree murder, which falls under California Penal Code 187, is the most serious charge that you can face. To be charged with this crime, the prosecutor must prove that the killing was deliberate and premeditated. Deliberate actions are purposeful, meaning that you intentionally killed someone knowing what the consequences were. Premeditated means that you planned to murder someone and thought about it for some time.

Even though first-degree murder charges are commonly seen in the movies and TV, it’s a very misunderstood part of the law. To reach a first-degree murder level, the act must fall into at least one of three categories:

1. The murder was committed with a destructive device, weapon of mass destruction, armor-piercing ammunition or poison. Or, the killing was committed by waiting for the victim or torturing the victim.

 

2. The killing must have been committed willfully, deliberately or with premeditation.

 

3. The crime occurred during the commission of certain felony crimes (arson, robbery, burglary, kidnapping, carjacking), which invokes the California felony murder rule.

 

To put it simply, if you commit a crime and someone is killed in the process, whether accidental or intentional, you could be charged with first degree murder. It’s not a charge that you want to face, as people are unforgiving and try to paint the accused as a monster. The only way to fight these charges and protect your reputation is by working with a team of seasoned Ventura first degree murder lawyers.

Common Defenses for First Degree Murder

There are two main defenses for first degree murder: you did not commit the killing or you did commit the killing, but it wasn’t in the first degree. For example, if someone breaks into your home and has a gun, you might kill them out of self-defense. This would not be considered first degree murder.

Below are some of the most common legal defenses for first degree murder charges.

• Mistaken identity. Mistaken identity is common in homicide cases, usually because the scene of the crime was chaotic or the killer was masked. Those who argue mistaken identity generally have a solid alibi to show that they were somewhere else when the murder was committed.

 

• Lack of premeditation. For a person to be charged with first degree murder, the prosecution must prove the killing was premeditated. If the murder was not planned out, the charges could switch to second degree murder or manslaughter, which carries a lesser sentence.

 

• Justified homicide. Not all killings are considered first degree murders. In fact, not all homicides are crimes.

   

  • Self-defense. When self-defense is argued, the defense must prove that the killing happened because you feared death or bodily harm. Also, you could not have caused the situation to occur or escalate.

   

  • Defense of others. This is similar to self-defense, except that the killing was done to defend someone else, such as a child or friend. The threat faced must be significant though – words or insults do not warrant murder.

   

  • Exercise of duty. Certain killings carried out by public officers are considered justified homicides. Of course, if these killings involve unlawful intent, recklessness or negligence, they can be considered murder.

   

• Accident. Some deaths are truly unfortunate accidents. Accidental deaths are not considered murder, and therefore, do not fall under first or second-degree murder. You can, however, be held liable for manslaughter.

 

• Insanity. Not all states allow insanity as a defense to first degree murder, but California does. There is no difference in whether the defendant has temporary or permanent insanity under CA law. The only thing that is important is the state of mind the defendant was in when the murder occurred.

California Penalties for First Degree Murder

In the state of California, first degree murder charges are very serious. Our first-degree murder attorneys in Ventura will work tirelessly to protect your rights. We intend to have the charges dropped or reduced, depending on the circumstances of your case. Conviction for first degree murder can end in one of three ways:

• Imprisonment in a state prison for 25 years to life
• Life imprisonment in a state prison without the possibility of parole
• Death sentence (Capital punishment in CA is under debate, but it remains viable. However, no one has been executed since 2006.)

 

Why Choose Our Ventura First Degree Murder Attorneys

The Law Offices of David S. Chesley has your best interests at heart. We work tirelessly for the results our clients deserve. First degree murder charges are life changing, and if what happened does not constitute first degree murder, you should not have to serve these punishments.

Our criminal defense attorneys have over 50 years of courtroom experience. Many of us are former judges, prosecutors and police who worked for the state of California. We are well-known in the courthouses for our past work and our skilled, aggressive nature during trials. We have helped many individuals avoid conviction, get their cases dismissed and reduce their charges. We hope to do the same for you.

Consider that a first-degree murder conviction carries a potential life sentence without the possibility of parole, whereas a second degree murder conviction is punishable by 15, 20 or 25 years to life. Voluntary manslaughter carries 3 to 11 years in prison, and involuntary manslaughter carries 2 to 4 years of jail time.

Our lines are open 24 hours a day, so call our Ventura first degree murder lawyers at 1-800-755-5174 or email us. All consultations are free and confidential. First degree murder is the most serious crime, and you cannot navigate this process with just anyone. You need our team of aggressive, experienced criminal defense attorneys that have over 50 years of courtroom experience. Your freedom is at stake. Let us protect it.