Homicide is defined as the unlawful killing of another person and includes both intentional (1st-degree murder) and involuntary (1st-degree murder) acts (manslaughter). Depending on state law, each sort of homicide has a different penalty. In California, for example, the worst penalty for homicide is life in prison without the possibility of release. California has abolished the death penalty as of 2020.
If you are facing any of these charges, it is important to hire the best murder defense lawyer in Irvine CA you can find. Contact Simmons Wagner, LLP at (949) 439-5857 now to request a free legal consultation and learn how we can help.
Defending victims of homicide
The best murder defense lawyer in Irvine CA’s principal purpose is to provide enough compelling evidence for the jury to return a not guilty judgment. In rare situations, a defense attorney may ask the prosecutor to downgrade a homicide charge to something less serious. A defense attorney could, for example, ask that a charge of second-degree murder be lowered to involuntary manslaughter.
Another aspect of homicide defense is the legal concept of “beyond a reasonable doubt.” The word refers to the burden of proof that the prosecution must meet. This implies that each jury member must be absolutely certain that the defendant committed the killing. A not guilty verdict can be obtained by sowing doubt in the minds of at least one jury.
Justifiable homicide
Justifiable homicide is a defense that asserts the defendant’s actions were justifiable. Perfect self-defense is the most typical sort of justifiable homicide defense.
Perfect self-defense refers to the defendant’s belief that the killing was necessary for self-defense. The best murder defense lawyer in Irvine CA must show that the defendant was not the one who started the fight. The sworn evidence of at least one eyewitness is usually required for this form of justifiable homicide defense.
Four more forms of justified homicide defenses are as follows:
- Imperfect self-defense
- Protection of property
- Distress
- Preventing a crime
The defendant’s inability to kill purposefully argument does not mean he or she did not commit homicide. Instead, this argument asserts that the defendant was unable to murder on purpose. This argument was employed by the best murder defense lawyer in Irvine CA to get a homicide charge lowered to a lesser charge, not to exonerate clients.
The following are the sorts of defenses that come under the category of being unable to kill on purpose:
- Insanity
- Capacity reduction
- Intoxication
- Unconsciousness
- Reasonable Error
The reasonable error argument implies that the defendant was unaware that the murder was wrong and illegal. A mistake of fact defense states that the defendant mistook believed his or her life was in danger. Someone strolling down a dark street late at night and falsely believing another person was going to conduct a violent crime is a perfect illustration of this argument.
If the best murder defense lawyer in Irvine CA can show that a law enforcement officer urged or recruited a defendant to kill another person, entrapment is a successful defense.
Work with the best murder defense lawyer in Irvine CA
The charge of homicide, being a serious offense with the heaviest punishment, necessitates a suspect’s quick action. If you have been charged with homicide, you should seek the advice of an experienced criminal defense attorney. As previously stated, homicide charges do not always result in a conviction. There are various defenses that may be used to help our clients get an acquittal or a lower charge that results in less time in jail or no time at all.
To book a free first consultation to assess the best course of legal action, contact Simmons Wagner, LLP at (949) 439-5857 right away.