San Bernardino attempted murder defense attorney serving Pomona, Rancho Cucamonga, Fontana, Victorville & all of San Bernardino County
If you or a loved one is charged with murder or attempted murder, either as the person who killed someone or as an accomplice to the killing, you are understandably frightened by the prospects of a lengthy prison sentence. In these very serious cases, it is critical that you work with an attorney dedicated to a “no stone unturned” defense. San Bernardino homicide attorney Marcie Gardner is the type of attorney who will look at and investigate every angle of these cases, explore all possible defenses, and hire the right type of experts – all in an effort to prepare the most solid defense for you as possible. California has many different statutes punishing the unlawful killing of another person. While the prosecutor does not have to necessarily specify which type of murder is involved, the possibilities are:
- Felony murder
- First degree murder
- Second degree murder
- Voluntary manslaughter
- Involuntary manslaughter
- Vehicular manslaughter
- Attempted murder
The summaries below are only very general guidelines about each of these crimes. Murder law is very complex, and most cases have additional crimes or enhancements charged alongside the murder charge. Common enhancements involve gangs, firearms, prison priors, or status of the victim. These additional crimes and enhancements can raise the stakes of a murder case even higher. For additional information, contact San Bernardino homicide attorney Marcie Gardner.
Felony Murder
The term “felony murder” is a way to describe a death which occurred as a result of someone who committed a certain type of felony. First degree felony murder applies when a death occurred while someone was committing one of several listed felonies (such as robbery, rape, burglary, kidnapping, or arson, to name a few). Second degree felony murder can apply when a death occurred while someone was committing a non-listed felony which the law says are “inherently dangerous.” These charges apply regardless of whether the death was unintentional, accidental or negligent. First degree murder carries a 25 year to life sentence while second degree murder carries a 15 year to life sentence. Prosectors charge felony murder when they can because they do not have to show that someone intended to kill someone. All prosecutors have to prove is that the death is connected to the felony that the person committed. For example, if you stole a car and accidentally hit someone in at while you were being pursued by the police, that can qualify as felony murder. If you were committing a robbery and the victim died of a heart attack during the robbery, that can qualify as felony murder.
First Degree Murder
Commonly referred to as “premeditated” murder, first degree murder can be charged whenever the prosecutor believes that the killing was done willfully, deliberately or with premeditation. It can also be charged if the killing was done with certain types of weapons (for example, a destructive device, poison, or armor-piercing bullets) or by a certain method (for example, by torture, lying in wait or shooting from a vehicle). First degree murder carries a 25 year to life sentence.
Second Degree Murder
If the killing did not amount to first degree murder and was not committed during the course of one of the listed or “inherently dangerous” felonies, it should be charged as second degree murder. To be guilty of murder, the prosecutor must show that you acted with something called “malice.” This can be proven one of two ways. First, express malice is shown if you intended to kill someone. Second, implied malice is shown if you committed some type of act, the natural and probable consequences of that act were dangerous to human life, you knew that act was dangerous, and you deliberately acted in conscious disregard for life.
Voluntary Manslaughter
This describes an unlawful killing which occurs during a sudden quarrel or a “heat of passion.” It can also describe an unlawful killing which occurs as a result of something called “imperfect self defense.” This means that someone actually believed they needed to defend themself with deadly force but that belief was unreasonable. Voluntary manslaughter can result in a three, six or eleven year prison sentence.
Involuntary Manslaughter
This describes a killing which occurred from a willful act but without an intent to kill and without a conscious disregard of the risk to life. Involuntary manslaughter can result in a two, three or four year prison sentence.
Vehicular manslaughter
As the title suggests, this describes an unlawful killing which resulted from someone driving a car. It can include, but does not have to include, a killing which resulted from someone driving DUI. The penalties vary depending on the driver’s conduct. If charged as a felony, vehicular manslaughter carries anywhere from two to ten years in prison. As a misdemeanor, it carries up to one year in county jail.
Attempted Murder
Someone can be charged with attempted murder if that person took a step towards an unlawful killing and intended to kill another person. Unlike many of the above theories of murder, a prosecutor must prove an intent to kill. Attempted premeditated or deliberate murder carries a life sentence with the possibility of parole. All other types of attempted murder carry a five, seven or nine year prison sentence. Sometimes people are charged with attempted murder when the more appropriate charge is really a lesser type of charge like an assault. Without an intent to kill, you cannot be convicted of attempted murder.
How Marcie Can Help You
Marcie approaches murder and attempted murder cases very methodically. First, it is critical to make sure that the killing was unlawful. Did the killing result from a lawful use of self defense or defense of others? Was the death a mere accident that cannot be tied to criminal conduct? Second, if it appear that the killing was unlawful, do any circumstances point to a lesser crime or show mitigation somehow? Did the killing occur during an argument or while someone was intoxicated to the extent that he or she couldn’t form an intent to kill? Third, are there any issues of mistaken identification, improper handling of scientific evidence, coerced confessions, or insanity? Each case is different, and Marcie treats them that way. Because of the complexities and horrendous consequences these cases carry, it is critical to work with an experienced defense attorney. Marcie has defended clients charged with murder and attempted murder and has experience building defenses. She realizes that the defense strategies change from case to case and each case must be worked up independently. When working with Marcie Gardner, your initial consultation is always free of charge. No fee whatsoever. To contact San Bernardino homicide attorney Marcie Gardner, please call 909.635.2047. Please call today.