San Diego Murder lawyer
If You’re Facing Murder Charges, Talking to a San Diego Murder Lawyer & Mounting a Proper Defense Can Save You from Decades in Jail.
If you’re facing murder charges in San Diego, you are looking at a very stressful trial, and you need an experienced attorney. The consequences for murder far outweigh any misdemeanor – these are severe criminal charges. Whether it was in self-defense or pre-meditated, these crimes can result in decades behind bars and a complete uprooting of your life as you know it. Many things influence these crimes, such as drugs, battery, firearms, and more. Talking to a San Diego murder lawyer is the only way to be sure you are mounting the best possible defense, potentially saving you decades of your life.
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Murder is the criminal act of taking another person’s life and is considered a type of homicide. Homicide crimes can be labeled as manslaughter or murder, both viewed differently in California law – regardless of whether a firearm was used, any other type of weapon, or it was considered a battery that escalated. If a person kills another in self-defense, that is regarded as a lawful homicide. If a battery turns into a homicide, and there is no valid reason for the violence, that is often considered manslaughter, but in some cases, it may also be murder. Being able to argue the difference between these crimes, in your defense, is of utmost importance and why you need a San Diego murder attorney to handle your case.
In legal terms, someone who is charged with murder commits a killing with the intention of doing so. A jury cannot rule on this alone; however, as to be accused of murder, it must be proven that the defendant was in a particular state of mind, for example, expressed malice. For a defendant to be accused of expressed malice, it must be proven they intended to kill the other person. In some cases, an experienced San Diego murder lawyer can mount a strong defense against this.
In proving the state of mind of a defendant, the length of time spent deliberating the murder does not determine whether a murder was committed. Acting with deliberation means the defendant thought through the consequences and criminal charges associated with murdering someone and made the conscious decision to follow through with it. Premeditation means the defendant made a conscious decision; they were going to take another person’s life before the death occurred.
Due to the fact a person can decide to take another life in an instant, there are no standards about the period of time someone uses to come to their decision to take another life. The length of time has less influence on the outcome of the charge than the fact it was contemplated at all – something your defense must be ready for.
Justifiable Murder – A San Diego Murder Lawyer Can Help Determine Whether Your Homicide was Justifiable.
If you commit homicide because you perceived you were in jeopardy, this is known as justifiable murder. These crimes are classified as such if any other reasonable person would have acted in the same way or perceived the same danger. It must also be proven you did not use any more force than necessary to defend yourself in committing the homicide. If these are proven true in the California court system, self-defense can be claimed, and homicide can be justified.
With a murder charge, the actual imminent danger is not what is important, but the perception of it. Future dangers do not apply. At that moment, you must have felt as if your life was in immediate danger. The jury has an obligation to decide, using all the facts you had at the time of the homicide, if it was reasonable to believe your life was in danger. It is the prosecution’s responsibility to prove beyond any doubt your belief that danger was imminent was not justified. If they cannot prove this, you should not be convicted of murder crimes. These nuances are why you need an experienced San Diego murder attorney on your side.
Were You Defending Yourself on Private Property? A San Diego Murder Lawyer Can Fight for Your Rights in Court. Get the Defense You Deserve.
A homicide is justifiable if you can prove you were defending yourself or someone else in your home or on your own private property. To prove this, the defense must show you were acting in defense of your home, property, or the people on your property. To do so, they must show that:
- You were defending your home against someone who didn’t have permission to be there
- You did not use more force than was reasonably needed to protect yourself
- You believed yourself to be in imminent danger with justifiable reason
- The intruder attempted to enter the home violently
- The intruder intended to commit a crime
When making their determination of the nature of your act, the jury must consider the information you used at the time to make your decision that you were in imminent danger and that you believed homicide was justifiable.
Murder Charges Come with Some of the Most Devastating Consequences. Don’t Hesitate. Talk to a San Diego Murder Lawyer, Today!
Murder charges are complex, and in some cases, can be avoided with a proper defense. As mentioned above, numerous types of homicides can occur, and before a jury can convict you for murder, the prosecution must prove things such as state of mind, motive, and more. Regardless of whether you used a firearm, any other weapon, or were impaired by drugs or alcohol, don’t settle for a public defender or a lawyer without the experience. With over 20 years of experience defending clients from criminal charges, talk to us. You can reduce or even avoid potential jail time.
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Contact Our San Diego Criminal Lawyer – Bian J White