Few crimes carry the same consequences and stigma as homicide. A conviction brings severe criminal penalties, including lengthy prison sentences, crushing fines, and loss of civil liberties. Considering the stakes and the consequences for you and your family, it’s hard not to be overwhelmed. However, an experienced Los Angeles homicide defense lawyer from the Law Offices of Justin E. Sterling can help.
There are many possible defenses in a homicide case. No matter how tough the police and prosecutors act, our team will uncover all the weaknesses in their case and fight for the best possible outcome for you. Contact us today for a free and confidential case review with a seasoned Los Angeles homicide defense attorney.
Why Choose the Law Offices of Justin E. Sterling?
Our firm has the extensive experience and resources needed to take on the toughest homicide cases.
We provide:
- More than two decades of criminal defense experience, with over 70 criminal trials brought to verdict
- An in-house team of private investigators who have impressive law enforcement backgrounds
- Close working relationships with prosecutors and in courts throughout the Southland criminal justice system
- Extensive experience in both state and federal court
- An intentionally limited caseload that allows for putting the necessary time and attention into every case
After an arrest, it is crucial to have a trusted homicide defense attorney on your side right from the start. Contact our criminal defense law firm today to discuss the details of your case for free.
What to Expect If You’re Arrested on Homicide Charges
After an arrest, the most important call you make will be to a Los Angeles homicide attorney. It is crucial that you get an experienced attorney on your case as soon as possible, as there will be many opportunities early on to put up a defense.
Arraignment
The arraignment is your first appearance in court. You will be informed of your rights and the charges against you. You will also get the opportunity to enter a plea, whether not guilty, guilty, or nolo contendere. The judge will also set the terms of your bail.
Pre-trial proceedings
During the pre-trial phase, both sides will investigate what happened and build their cases. They will also exchange evidence as part of the discovery phase. This is when your attorney will get to see the evidence the prosecution has against you, as well as the holes in the prosecution’s case. Your attorney may file motions to get certain evidence suppressed or thrown out. Your attorney may also argue for the charges to be reduced or dropped altogether. If it’s in your best interest, your attorney may advise you to accept a plea deal.
Trial
If your case is not resolved in the pre-trial phase, you will go to trial. The prosecution and your attorney will present evidence, witness testimony, and the arguments. At the end, you will be given a verdict.
Sentencing
If you are found guilty, you will be issued a punishment during the sentencing stage. At sentencing, the prosecution may advocate for a harsher sentence by submitting victim impact statements, etc. Your criminal defense attorney would argue for leniency on your behalf.
What Does the Prosecution Need to Prove in a 187 Homicide Case?
The prosecution is required to demonstrate specific elements for a conviction in a homicide case. Section 187 of the California Penal Code defines murder and lists the elements of the crime. For the defendant to be convicted, the prosecution must prove that they:
- Committed an act that caused the death of another person
- Killed without a lawful excuse or justification
- Acted with malice
The element of malice is perhaps the trickiest of the three. There are two kinds of malice – express malice and implied malice.
If the defendant acted with express malice, they intended to kill the victim. For example, if a man and woman are arguing at a party and the woman picks up a gun off the table and shoots the man, she would be found to have acted with express malice – she clearly intended to kill the victim.
Usually, a murder committed with express malice is charged as a first-degree murder. A conviction for first-degree murder can result in a prison sentence of 25 years to life.
When a murder is committed with implied malice, it is not intentional or premeditated. Rather, the defendant knew their actions constituted a “conscious disregard for human life” and proceeded anyway.
An example of murder with implied malice would be a person with a concealed carry weapons license brandishing a gun in a crowded nightclub. If the gun goes off and kills someone, the gun owner may face a charge of murder with implied malice.
Murder with implied malice is often charged as second-degree murder. If convicted, offenders face up to 15 years in prison and a maximum fine of $10,000.
Besides second-degree murder, there is an additional 187 murder charge with the element of implied malice – Watson murder. A person is charged with Watson murder if they killed someone while driving under the influence, their behavior demonstrated a “wanton disregard” for human life, and they were especially aware of the risks created by their conduct.
Most commonly, a person is charged with Watson murder if they have a previous DUI conviction. The crime is also frequently charged if the defendant’s profession makes them especially familiar with the risks of DUI, such as a police officer, and the recklessness of the defendant’s behavior.
Watson murder is charged as second-degree murder and carries harsh penalties, including: 15 years to life in California state prison, a maximum fine of $10,000, and a strike on the defendant’s criminal record under California’s “Three Strikes” Law.
Common Defenses to Homicide Charges
There are many possible factors that may come into a homicide defense, including:
- Self-defense: Many defendants claim they committed the deadly act out of fear for their safety. To claim self-defense, the defendant must show a reasonable fear of death or bodily harm and that the use of force was reasonable given the circumstances.
- Accidents: The defense may be able to show that the killing was an accident with no malice.
- Lack of evidence: In many cases, there is not enough evidence to prove what happened beyond a reasonable doubt. Often, defense attorneys are able to discredit witnesses and get certain evidence thrown out.
- Innocence: The defense may work to show that the defendant is innocent and point to someone else committing the crime.
- Insanity: A defendant may claim that they were in an abnormal cognitive state when they committed the homicide and could not understand the nature of the criminal act or why it was morally wrong.
In investigating your case, our team will work to determine every possible defense strategy that could help you.
Homicide-Related Charges
Not all homicides are the same. California categorizes homicides by their nature, assigning each one a specific charge:
- Murder– California Penal Code 187
- Watson murder– California Penal Code 187
- Voluntary manslaughter— California Penal Code 192(a)
- Involuntary manslaughter– California Penal Code 192(b)
- Vehicular manslaughter– California Penal Code 192(c)
Homicide Conviction Penalties
The penalties for a homicide conviction vary tremendously, depending on the nature of the crime:
- First-degree/felony murder: 25 years to life in prison
- Second-degree murder: 15 years to life in prison
- Capital murder: Life in prison without parole or capital punishment
- Voluntary manslaughter: A maximum prison sentence of 11 years
- Involuntary manslaughter: A maximum prison sentence of 4 years
- Vehicular manslaughter: A maximum 1-year jail sentence for a misdemeanor or up to 6 years in prison for a felony
How a Los Angeles Homicide Attorney Can Help
The first thing you should do after an arrest is contact an experienced criminal defense attorney. An attorney can represent you during interactions with law enforcement and craft a strong legal strategy to argue for the charges to be reduced or dropped.
If you are looking for a Los Angeles homicide defense lawyer, the Law Offices of Justin E. Sterling can help. Our attorneys have experience defending clients in a wide variety of homicide cases, and we know how to attack the prosecution’s case. We serve clients in Beverly Hills, Brentwood, Burbank, Century City, Los Angeles Airport, Marina Del Rey, Pasadena, Sherman Oaks, Torrance, Valencia, West Los Angeles, and Woodland Hills. Contact us today for a free and confidential case review with a seasoned Los Angeles homicide defense attorney.