Were you arrested for a homicide offense in Los Angeles, California? Call Perlman & Cohen Los Angeles Criminal Lawyers for a free consultation at (310) 557-1700. Our Los Angeles homicide lawyers can represent you throughout the process and will make your case our priority from the start.
Our criminal defense law firm has over 100 years of combined experience and thoroughly understands what you have at stake at the moment. Don’t lose hope about what’s to come; contact us today to learn more about your legal rights and what we can do to help.
Why Hire Perlman & Cohen Los Angeles Criminal Lawyers for Help With Your Homicide Charges in Los Angeles, California
Not every defense attorney is equipped to handle a homicide case in Los Angeles, CA. These cases require a level of preparation and courtroom skill that goes far beyond the average criminal matter. Perlman & Cohen Los Angeles Criminal Lawyers is a legal team you can trust in these circumstances.
Some of what sets our Los Angeles criminal defense lawyers apart includes:
- Extensive experience defending clients against serious violent crime charges in Los Angeles courts
- Awards won from The National Trial Lawyers, Avvo, and other legal organizations
- The ability to bring in investigators and expert witnesses to challenge the prosecution’s evidence against you
- A commitment to keeping you informed and involved at every stage of your case
- Willingness to take your case to trial if that is the path most likely to protect your rights
Prosecutors pursue homicide charges aggressively; having a defense team on your side that matches that level of preparation is wise. Contact our Los Angeles criminal defense attorneys today to learn more.
An Overview of Homicide Law in California
California law recognizes several types of homicide, and the specific charge you face will depend on the facts and circumstances surrounding the alleged offense. Understanding the distinctions between these charges is essential because the penalties vary dramatically.
At the broadest level, the law separates homicide into two main categories: murder and manslaughter. The key difference between them comes down to a legal concept called “malice aforethought.” Murder requires malice, while manslaughter does not.
Murder Under Penal Code 187
California Penal Code Section 187 defines murder as the unlawful killing of a human being with malice aforethought. Malice can be either express or implied. Express malice means the defendant intended to kill. Implied malice applies when someone commits an act that is dangerous to human life, knows the risk, and proceeds anyway with conscious disregard for that risk.
Murder is further divided into two degrees under Penal Code 189:
- First-degree murder involves a killing that was willful, deliberate, and premeditated. It also includes deaths that occur during the commission of certain serious felonies, such as robbery and kidnapping. This is known as the felony murder rule. A first-degree murder conviction carries 25 years to life in state prison, but can be extended to life without the possibility of parole in some circumstances.
- Second-degree murder covers unlawful killings with malice that do not meet the criteria for first-degree murder. Essentially, this means that there is no premeditation involved. A conviction carries a sentence of 15 years to life in state prison.
Each of these offenses carries severe collateral consequences, which will be discussed in more detail below.
Manslaughter Under Penal Code 192
When a killing occurs without malice aforethought, the charge typically falls under manslaughter per Penal Code 192. California law breaks this into three categories:
- Voluntary manslaughter under PC 192(a) applies when someone kills another person during a sudden quarrel, in the heat of passion, or based on an honest but unreasonable belief that deadly force was necessary in self-defense. This last scenario is sometimes referred to as “imperfect self-defense.” A conviction is punishable by 3, 6, or 11 years in state prison.
- Involuntary manslaughter under PC 192(b) involves an unintentional killing caused by criminal negligence or committed during an unlawful act that is not a felony. A conviction carries 2, 3, or 4 years in state prison.
- Vehicular manslaughter under PC 192(c) applies when a death results from driving in a negligent or unlawful manner. Penalties range from probation to 10 years in prison, depending on the circumstances.
The prosecution’s decision on which charge to pursue can depend on subtle factual distinctions. An experienced homicide attorney in Los Angeles may be able to challenge the classification of the offense and push for reduced charges when the evidence supports it.
What Are the Penalties and Long-Term Consequences of a Homicide Conviction in Los Angeles?
The penalties for a homicide conviction in California are among the harshest in the entire criminal justice system. As outlined above, these charges can lead to anywhere from years in prison to life in the most extreme cases.
Beyond prison time, a conviction creates lasting impacts that follow you long after your sentence ends as well. These collateral consequences may include things like:
- A permanent felony record that will show up on background checks for the rest of your life
- Loss of your right to own or possess firearms under both state and federal law
- Difficulty finding employment, housing, or educational opportunities
- Damage to personal relationships and your standing in the community
- Potential immigration consequences, including deportation for non-citizens
- Parole supervision that can last for years after release
Certain homicide convictions, including murder and voluntary manslaughter, can count as strikes under California’s Three Strikes Law. A qualifying prior strike can increase the sentence for a future felony conviction. These effects, taken together, make it critical to seek legal representation from a qualified attorney as soon as you possibly can.
What Defenses Can I Raise Against Homicide Charges in California?
Being charged with a homicide offense does not mean you will be convicted. The prosecution carries the burden of proving every element of your charges beyond a reasonable doubt, which is a difficult standard to meet.
The right approach will ultimately depend on the facts and circumstances of your situation. Our criminal defense attorneys will review the evidence and determine which defense gives you the strongest chance at a favorable outcome.
Some of the most common defenses in California homicide cases include:
- Self-defense or defense of others: California law allows you to use deadly force if you reasonably believe that you or someone else is in immediate danger of being killed or seriously harmed. If the evidence supports this, the killing may be considered justifiable and not a crime at all.
- Imperfect self-defense: This applies when you believed deadly force was necessary and that belief was not reasonable under the circumstances. It will not result in a full dismissal, but it can reduce a murder charge down to voluntary manslaughter, which carries significantly lighter penalties.
- Lack of intent or malice: Murder requires malice aforethought. If your attorney can show that you did not intend to kill and did not act with a conscious disregard for human life, the charge may be reduced to a lesser offense.
- False accusation or mistaken identity: In some cases, the wrong person is charged. Alibi evidence, witness testimony, and forensic analysis can all be used to show that you were not the person responsible.
- Constitutional violations: If law enforcement violated your rights during the investigation or arrest, certain evidence may be thrown out. This could include statements obtained without proper Miranda warnings or evidence collected through an illegal search.
- Accident: If the death was truly accidental and occurred while you were engaged in lawful activity with no criminal negligence, this defense may apply.
We may also take steps like challenging the reliability of the prosecution’s witnesses, questioning the handling of physical evidence, and bringing in expert testimony to cast doubt on the state’s version of events. Every detail matters in a homicide case; a thorough review of the evidence can reveal weaknesses that are not obvious on the surface.
While we will always aim to have your charges dropped completely if we can, no outcome can be guaranteed in advance.
Schedule a Free Consultation With an Experienced Los Angeles Homicide Attorney
A homicide charge is the most serious accusation you can face in Los Angeles, CA. The prosecution will dedicate significant resources to securing a conviction, and the penalties for a guilty verdict can take away your freedom permanently. You deserve a Los Angeles homicide attorney who will fight just as hard on your behalf throughout the life of your case.
Look no further than Perlman & Cohen Los Angeles Criminal Lawyers to help you to that end. We have four full decades of combined experience and won’t hesitate to take your case all the way to trial if that’s in your best interest. Contact us today to schedule a free initial consultation and ask any questions you might have.
