If you or a loved one has been accused of murder or another type of homicide, this is a frightening time in your life. Murder and homicide have extremely severe penalties, and a conviction could change your life forever. Maybe you did commit the crime, but there may have been extenuating circumstances. Perhaps you were defending yourself or your family, or you did not intend to kill the other person. You may be entirely innocent of the charges and need to prove that innocence. You could have been misidentified by a witness to the crime or even set up for the crime. No matter the circumstances behind your charges, you need an experienced Riverside murder and homicide defense lawyer by your side as quickly as possible. The sooner you have a knowledgeable attorney advocating on your behalf, the better outcome you are likely to have to the charges. A murder case is fact-intensive and requires a skilled and thorough Riverside murder and homicide defense lawyer who knows how to attack the prosecution’s case to gain an advantage for the client.
Despite claims of rampant violent crimes, property and violent crimes fell in the first half of 2023 across the state of California. From January through June of 2023, there were 258 murders across 47 major California cities, as compared to 344 during January through June of 2022. This was a significant drop in these major California cities.
TYPES OF HOMICIDE CHARGES IN RIVERSIDE
Our Riverside murder and homicide defense lawyers have handled every type of homicide allegation, from premeditated murder to heat-of-passion and accidental deaths:
- First-degree murder—First-degree murder charges are reserved for particularly heinous crimes that are premeditated, deliberate, or involve a clear intent to kill another human being. The method of killing can also qualify a homicide as a first-degree murder, including the use of armor-piercing ammunition, explosives, weapons of mass destruction, poison, and shooting from a motor vehicle.
- Second–degree intentional murder does not involve premeditation but can still carry a sentence of 15 years to life.
- Manslaughter is a less serious form of homicide than murder and includes unplanned, heat-of-passion killings. A manslaughter conviction is a felony that is punishable by up to 11 years in prison.
- Unintentional homicide is also known as involuntary manslaughter and is distinguished by the unintentional killing of another person while you are committing a crime that is not inherently dangerous. Unintentional homicide is a felony that is punishable by formal probation with a year in jail or up to four years in prison. Penalties can also include substantial court fines, the loss of gun privileges, and victim restitution.
- Vehicular manslaughter is a wobbler crime in the state of California, meaning it can be charged as a misdemeanor or a felony, depending on the circumstances. If the defendant acted with “normal” negligence, then vehicular manslaughter is charged as a misdemeanor and can be punished by up to one year in the county jail. If vehicular manslaughter is judged to be the result of gross negligence, the crime is charged as a felony. A conviction can result in two, four, or six years in the California state prison and a fine as large as $10,000.
- Murder in self-defense could occur when you reasonably believed you were in danger of bodily injury, you believed the immediate use of force was necessary, and you used no more force than was necessary in self-defense. California is a “Stand Your Ground” state, which means you are not under a duty to retreat if someone is threatening you. The state is also a “Castle Doctrine” state, which means you do not have to retreat if an intruder comes into your home.
- Gang-related homicide requires all the same elements as murder, but if it is determined that the murder was gang-related, there will be a sentencing enhancement, which adds additional prison time. A judge can add two to fifteen additional years or even impose a life sentence for a homicide that is gang-related.
- Domestic violence murder is a murder that occurs during an instance of domestic violence. Sentencing enhancements apply to domestic violence murders in the same way that gang-related homicides have sentencing enhancements.
- Conspiracy to commit murder charges occur when an individual intentionally agrees with others to commit a homicide. The prosecutor must prove the defendant’s intent, as well as that the defendant committed an overt act in furtherance of the agreement to kill. This crime is similar to attempted murder in that the crime of murder does not have to occur for the defendant to be liable. The penalties for conspiracy to commit murder and attempted murder are similar to the penalties for first-degree and second-degree murder.
- Death during the commission of another crime—when that crime is a felony—is prosecuted in the same way as first-degree murder. All participants in the felony or attempted felony that resulted in death can be charged with murder.
Based in Riverside, California, Greenberg, Greenberg & Kenyon has successfully represented citizens charged with homicide in Riverside County.
HIRING A DEFENSE ATTORNEY IN RIVERSIDE
We are fully capable of defending clients facing murder charges in Riverside. For more than 80 combined years, we have represented numerous defendants facing homicide or murder charges at trial and in plea negotiations. Because we are intensely involved in your defense, we can assure you that we will personally handle every aspect of your case and vigorously protect you and your rights.
Before entering private practice, the criminal defense attorneys at our firm served the local community as district attorneys. We know how prosecutors think, and we can anticipate their strategies and determine where their cases are weak. We have a solid reputation with Southern California judges and prosecuting attorneys, who know that we are meticulous in our investigations and formidable and aggressive in court.
What Happens if You Are Arrested for Murder in California?
If you are arrested and charged with murder, you must take your right to remain silent seriously. Police officers are trained to get people to talk and incriminate themselves. Even the most innocent remark can be taken out of context and used against you. After providing your name and address, tell the officer that you will not answer any more questions and that you want an attorney. When you are allowed a phone call, make sure you either call an attorney directly or ask the person you call to call an attorney for you.
Nobody wants to sit in jail, so once you have an attorney on your case, he or she can argue for bail on your behalf. Even if you have no prior criminal record, it can be difficult to get a judge to agree to bail on a murder charge. Your Riverside murder and homicide defense lawyers will look at the facts of your arrest to determine whether bail can be lowered. If the prosecutor does not have sufficient evidence, the charges could be dropped at your arraignment hearing. If the prosecutor does have evidence to proceed, the judge may increase your bail at your arraignment.
What Should You Do if You Are Accused of Murder?
The single most important step you can take to protect yourself after being charged with murder in California is to hire a highly skilled Riverside murder and homicide defense lawyer. Since murder is one of the most serious offenses, you should never gamble your future with a court-appointed attorney. You can help your attorney by providing a list of those who can testify on your behalf or alibi witnesses if they exist. Include all the information you can remember when discussing the case with your attorney.
Whether or not you are released on bail, you must not talk about the charges with anyone. This includes not talking with friends, family, or co-workers about your charges, or, if you are in jail, do not talk to anyone about the charges. Conversations with your friends and family (aside from your spouse) are not legally protected under the law. You do not want your loved ones called as witnesses because of what you told them about the murder. While it should go without saying, stay off social media when you are facing any criminal charges, especially murder.
CHALLENGING A HOMICIDE CASE
During the initial phase, we thoroughly examine all elements of the district attorney’s case. Our Riverside law firm employs private investigators, forensics specialists, and other experts to find and exploit any holes in the prosecution’s case. We scrutinize DNA evidence and other physical evidence, the reliability of alleged witnesses to the crime, police errors or violations of rights, the assignment of motive and intent, and any other basis for fighting the charges.
STRAIGHTFORWARD ANSWERS ON WHAT TO EXPECT IN YOUR HOMICIDE CASE
At the preliminary hearing on murder charges, the judge will determine if there is sufficient cause to proceed to trial. If a trial is ordered, one of the attorneys at our firm will sit down with the client for a frank discussion of the possible outcomes.
When the prosecution’s case is likely to result in conviction, we have a solid record in negotiating plea bargains with district attorneys that are most favorable to our clients.
If you decide to retain our services at trial, we will use every resource and strategy to create a reasonable doubt in the minds of jury members.
How Can an Experienced Murder Defense Attorney Help You Plan Your Defense?
The defense your attorney will use in your case will depend on the facts and circumstances surrounding your case. Some of the more common defenses against murder include:
- Actual innocence
- Mistaken identity
- Insanity
- Self-defense
- Defense of others
- Violations of your constitutional rights
- You have a solid alibi
- Lack of intent
- The killing was accidental
- You were under duress to commit the murder
- There are problems with the evidence
- The murder occurred during the heat of passion
Why Should You Hire an Experienced Riverside Murder and Homicide Defense Lawyer?
You should always have an attorney for criminal charges, but especially for murder charges. Hiring a skilled Riverside murder and homicide defense lawyer ensures you have a strong advocate and a trusted guide throughout the legal process. Your attorney will make sure your rights are protected and you get a fair trial. An attorney’s experience is of the utmost importance. An experienced attorney can spot weaknesses in the prosecutor’s case, identifying areas where your defense can be strengthened.
Throughout the entire investigation, your attorney is your steadfast ally when you need one the most. In a murder case, where the penalties are severe, knowledgeable legal representation is especially important. Murder cases involve intricate legal procedures and highly specialized knowledge. Your Riverside murder and homicide defense lawyers will be with you throughout the entire process. Although plea bargains are not common in murder cases, your attorney’s negotiation skills can help you achieve lesser charges or a more favorable sentence.
Contact a Riverside Murder and Homicide Defense Lawyer Today
The specter of decades or even life in prison demands that you retain the best legal counsel available. For effective representation on murder charges, contact Greenberg, Greenberg & Kenyon today. Our highly skilled Riverside murder and homicide defense lawyers offer a free initial consultation where we will answer your questions and plan a basic strategy. We can work out payment arrangements to provide the solid defense that every murder defendant in Riverside needs and deserves.
