You can be found not guilty of murder but guilty of manslaughter as part of the same trial because of the doctrine of lesser included offenses. Juries are usually instructed that they have the option to convict a defendant on a lesser included charge, in this case, manslaughter, if the facts of the case don’t support a conviction of murder.
Santa Ana Murder Lawyer
Murder Attorney In Santa Ana, CA
Murder is one of the most serious crimes on the books in California. If you’re convicted, you could face life in prison, or even the death penalty in some limited circumstances. You need an experienced Santa Ana murder lawyer on your team.
Trust Goodman Criminal Litigation
Jacqueline Goodman of The Law Office of Jacqueline Goodman is a State Bar of California Board of Legal Specialization-Certified Criminal Law Specialist. She has extensive experience with interpreting murder laws and defending clients facing serious homicide charges. Let her and her team of legal professionals bring their skills and knowledge to bear on your case.
Ready to defend your rights? Schedule your consultation with our Murder Attorney In Santa Ana at 714-879-5770!
Renowned Success Rate
Criminal cases are often complicated. There are two sides to every story, and it is important that the court sees the situation clearly. We can help defend you in your criminal case and make sure your perspective is heard.
Why Hire a Murder Lawyer?
Santa Ana has a homicide rate of around six murders per year, which amounts to 0.02 homicides per 1,000 residents. This makes Santa Ana more dangerous than Orange County, more generally, which saw 1.7 killings per 100,000 residents in 2023. Some neighborhoods, such as Central City and Southeast Santa Ana, are more dangerous than others.
If you’re one of the few people accused of committing homicide in Santa Ana, the comparative murder rate is irrelevant. What’s important is that you hire a murder lawyer who can help you construct an effective defense against these serious charges. Your lawyer will be able to gather evidence, analyze the prosecution’s case, and help you decide on a strategy for moving forward with your defense.
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Potential Penalties for Murder
The potential penalties for murder vary depending on the exact nature of the crime you’re being accused of having committed. A conviction of second-degree murder with no aggravating factors carries a penalty of 15 years to life imprisonment. Some forms of first-degree murder are so serious that California allows the death penalty. In 2022, two people were put to death for committing murders.
In general, the penalty for first-degree murder is 25 years to life. However, some special circumstances require either the death penalty or life without parole. They include:
- Hate crimes
- The use of weapons of mass destruction
- The murder of peace officers
- Gang involvement
If you’re facing any of these aggravated charges, it’s even more important that you work with a skilled Santa Ana murder attorney.
Elements of First vs. Second-Degree Murder
To prove that someone committed murder, the prosecution must show that:
- The defendant is guilty of causing the death of the victim.
- The defendant acted with malice.
- The defendant did not have any lawful justification for killing the victim.
Malice can be defined in two ways. Express malice indicates an active, premeditated intent to kill. Implied malice indicates a knowledge that a specific action was likely to cause death or a serious injury, and the decision to commit that action regardless of potential consequences.
To be considered a first-degree murder, rather than a second-degree murder, there must be special circumstances surrounding the crime. They can include:
- Willful premeditation
- The use of destructive devices
- Lying in wait for the victim
- The use of torture
- Felony murder
Absent these circumstances, you’ll be charged with second-degree murder.
What Is Felony Murder?
Felony murder refers to a death that occurs during the commission of another serious crime. To be convicted of felony murder, you must have been reasonably aware that your actions could lead to another person’s death or serious injury, and that death must have occurred during the commission of one of these crimes:
- Arson
- Burglary
- Carjacking
- Drive-by shooting
- Kidnapping
- Rape
- Robbery
The defendant does not have to have had the active intent to kill anyone to be charged with felony murder.
Lesser Included Offenses
Prosecutors often give juries the option to convict defendants on lesser included offenses, which are different, less severe charges that are included in the definition of a more significant offense, in this case, murder. Lesser included offenses for murder can include:
- Voluntary manslaughter
- Involuntary manslaughter
- Vehicular manslaughter
A conviction on a lesser included offense is generally preferable to a conviction of murder under circumstances where a not guilty verdict is unlikely. Your lawyer can also help you decide whether it’s a good idea to plead to a lesser offense should the prosecution offer this option.
MURDER LAWS FAQ'S
Santa Ana, CA
Your Santa Ana Murder Lawyer
If you’re being accused of homicide, you need to work with a skilled Santa Ana murder lawyer who can provide you with a robust defense against these serious charges. Jacqueline Goodman, the founding attorney at Goodman Criminal Litigation, works exclusively with clients facing serious charges. She can help you with your murder case. Contact the firm to schedule an initial consultation today.