Homicide Lawyer in Santa Ana

Homicides in California are classified as either murder or manslaughter. Within those categories, there are further classifications that impact the penalties that accused individuals may receive. It is important to distinguish between the categories because the qualifying factors and punishments vary greatly.

The Law Office of Sheny Gutierrez has an in-depth knowledge of homicide laws and a wealth of experience to draw upon. You can count on our unparalleled expertise during every step of your criminal proceedings. When you are ready to secure legal representation for your homicide charge, call our Santa Ana office to schedule your free consultation.

Murder Charges in Orange County

California Penal Code § 187 states that murder is the unlawful killing of a person with malice aforethought. Malice aforethought is the state of mind of the accused killer, and it involves intent to kill and disregard for life. Both must be present in a first-degree premeditated murder charge.

First-Degree Murder

Murder in the first degree includes premeditated murder and a charge known as felony murder. If someone dies during the commission of a felony, a person responsible or involved in the death can be charged with felony murder. Generally, first-degree murder carries a prison sentence of anywhere from 25 years to life.

There are special circumstances that could make the only options either life in prison without the possibility of parole or the death sentence. Torture, use of explosives, or multiple murder convictions are among the factors that can lead to these special circumstances.

Second-Degree Murder

Second-degree murder has less strict punishments than first-degree, but there is still the possibility of significant prison time. This classification of murder does not include premeditation. A conviction can lead to anywhere from 15 years to life in prison.

Manslaughter

Manslaughter can be either voluntary or involuntary. Voluntary manslaughter occurs when a person is killed in the heat of the moment or due to the defendant’s genuine but unreasonable concern for their own safety. This classification of manslaughter is a felony. Conviction can carry up to 11 years in prison and up to $10,000 in fines.

Involuntary manslaughter is an unintentional death caused by a disregard for human life. The primary difference is intent. Involuntary manslaughter does not include the intent to kill the victim. Convictions bring a maximum of four years in prison.

Vehicular manslaughter is a separate category because even though this crime is unintentional, there is the potential for adjusted sentencing for gross negligence. If vehicular manslaughter involves gross negligence, the maximum sentence is six years as opposed to four years.

Defensive Strategies for Homicide Charges in Santa Ana, CA

There are few charges more serious than murder charges, so the importance of a solid defense cannot be overstated. Our criminal defense attorney will build upon his 15+ years of experience to create a legal strategy specific to your case.

Common defensive tactics in homicide cases include proving:

• The confession was coerced, or evidence was obtained illegally.
• The defendant acted in self-defense.
• The death was accidental.

When a not-guilty verdict seems implausible, reduced charges can also be sought. Despite the seriousness of a homicide charge, you should be able to trust that your criminal defense attorney is doing everything they can to protect your rights and reach the best possible outcome.

Santa Ana Homicide Defense Attorney

Facing serious felony charges can be isolating and frightening. Our legal team has the compassion, experience, and knowledge to handle your case with the utmost care and dedication. Contact the Law Office of Sheny Gutierrez today to schedule your free consultation.