Homicide Lawyers Who Will Protect Your Loved One’s Rights

Homicide refers to the killing of one human being by another. It encompasses several different charges under state and federal law, including:

• First-Degree Murder: Premeditated and intentional killing.
• Second-Degree Murder: Intentional but not premeditated killing.
• Manslaughter: Unintentional killing, including voluntary and involuntary types.
• Vehicular Homicide: Death resulting from reckless or negligent driving.

Each type of homicide has different legal elements and potential defenses

Conviction for any homicide-related charge can result in life-changing consequences, including:

• Life in prison with or without the possibility of parole
• The death penalty (in capital cases)
• Heavy fines and restitution
• Permanent criminal record
• Loss of civil rights, including voting and firearm ownership

Potential defenses include:

• Self-defense: Arguing that the act was necessary to protect oneself.
• Defense of others: Protecting another person from imminent harm.
• Lack of intent: Demonstrating the absence of intent to kill.
• Insanity: Establishing that the defendant was legally insane at the time of the act.
• Mistaken identity: Showing that someone else committed the crime.

Yes, the DA can still charge your loved one with murder even if it was an accident. To prove a murder charge, though, they would have to prove that the killing was intentional.  If they can’t prove that because the killing was accidental, your loved one might still be convicted of manslaughter. . Manslaughter can be voluntary or involuntary. If you kill someone because you are driving recklessly or negligently, you can be charged with vehicular manslaughter.

Murder is the unlawful killing of a person done on purpose and without a legal reason or excuse, which is called “malice aforethought.” This means the person meant to do it or planned it and did not have a legal reason or excuse. In simple terms, it means someone killed another person on purpose, not by accident, and not because they had to protect themselves. Murder can be punished by death, life in prison without parole, or 25 years to life in prison.  Malice can also be implied, such as when a person does something so inherently dangerous that death is a foreseeable consequence.

If it cannot be proven that the act was done with malice aforethought, the charge may be manslaughter instead. Manslaughter applies when the killing was not planned or intentional. It is punished by 2 to 11 years in prison, depending on the situation.

Participating in certain serious crimes, called felonies, can lead to first-degree murder charges if someone is killed during the crime. This applies even if you did not do the killing yourself.

For example, you can be charged with murder if you take part in committing or trying to commit certain felonies, and someone is killed in the process:

• Arson
• Rape
• Carjacking
• Robbery
• Burglary
• Mayhem
• Kidnapping
• Train Wrecking

Yes. Murder is designated as an aggravated felony. Any non-citizen convicted of a violent felony at any time after admission is deportable.

Maybe. Self-defense and Defense of Others are viable defenses to a murder charge in certain situations. Your loved one needs a good attorney to build an effective self-defense case, and you should make every effort to get an attorney on board early in the case, before valuable evidence is lost.

Your loved one may face charges under the felony murder rule, or for “accomplice liability” or “aiding and abetting” the killer. It is important to speak to an experienced defense attorney as soon as possible so that all possible defenses can be investigated.

Homicide cases can take years to complete since the investigation and court proceedings are taken very seriously.

In theory, the court can set bail in certain circumstances in murder cases. In reality, it is highly unlikely that the court will set bail in a homicide case.

If convicted of murder, your loved one will receive a life sentence with a minimum of 15 years before eligibility for parole.

Fees vary depending on the complexities of the case, whether there have been prior incidents, and what the allegations are.  First-degree murder charges with special circumstances alleged permit the imposition of the death penalty.  These cases call for extreme attention to detail and require bringing every conceivable effort to bear to avoid a conviction.  As such, they are the most expensive cases to defend.

At the Cohen Defense Group, we charge a flat fee so that you know the cost up front. When you have your free consultation with us, we will tell you the cost for your situation, so that you can plan effectively.