Los Angeles Murder Lawyer

Los Angeles Murder Attorney

California’s criminal code imposes some of the harshest penalties for those convicted of murder. A life sentence is just one of the potential outcomes of being convicted of murder. If you are facing murder charges, you can rely on a Los Angeles murder lawyer to craft a legal strategy that potentially reduces the penalties you are facing. Legal representation from an experienced homicide attorney could be critical to your defense. A Los Angeles criminal defense attorney can provide the comprehensive legal support needed to address the complexities of your case.

At the Law Offices of James E. Silverstein, we understand the severity of a murder charge. Although things may appear dire, you do not have to face the worst-case scenario under the law. Our founding attorney can explore ways to challenge the narrative surrounding your charges or demonstrate that you did not commit the crime altogether.

Why Choose the Law Offices of James E. Silverstein?

When facing serious charges like murder, you need an attorney who has a proven track record of success in the courtroom. The Law Offices of James E. Silverstein brings nearly two decades of experience defending clients in both state and federal courts. James E. Silverstein has dedicated his career to helping people charged with crimes, and his experience in preliminary hearings, trials, post-conviction relief, and appeals makes him a trusted ally in even the toughest cases.

His passion and relentless work ethic ensure he is ready to fight for you, no matter how complex your case. As a respected member of the Criminal Courts Bar Association, the Beverly Hills Bar Association, the Los Angeles County Bar Association, and the San Fernando Valley Bar Association, Mr. Silverstein upholds the highest standards of professionalism and legal excellence.

Criminal Penalties for a Murder Conviction

A conviction for murder carries some of the most severe penalties under the state’s criminal code. California classifies murder as either first-degree or second-degree, and each charge has distinctive criminal consequences under the California Penal Code.

First-Degree Murder

Under California Penal Code § 189, first-degree murder is defined as any form of homicide that is deliberate, willful, and premeditated. First-degree murder also includes murders committed during the commission of felonies like robbery, rape, or arson. The standard penalty for anyone found guilty of first-degree murder is 25 years to life in prison.

One example of first-degree murder in California would be a jealous ex who meticulously plans to eliminate a romantic rival. After stalking them for days, they wait outside the victim’s home, and as soon as they step outside, the jealous ex guns down the perceived rival. The deliberate nature of the act makes it first-degree murder under California’s criminal laws.

Aggravating factors, such as killing multiple victims, murder for financial gain, or murdering a police officer, could invoke punishment under California Penal Code § 190.2, which allows for a life sentence in prison without the possibility of parole.

Second-Degree Murder

Second-degree murder is defined under California Penal Code § 189 and includes any intentional murder that does not meet the criteria for first-degree murder. This generally includes murders that were not premeditated but still resulted from the defendant’s intention to harm or kill the deceased victim.

Second-degree murder could include an act of violence that targets a group of people rather than one individual. One example would be a reckless gang member who, in a fit of rage, drives through a busy intersection and fires wildly at a rival’s car. The bullets miss their intended target but strike and kill an innocent bystander. The lack of planning makes this second-degree murder, but the disregard for life is clear.

The penalty for a conviction of second-degree murder is 15 years to life in prison. Certain aggravating factors can increase this sentence. One example would be if the victim was a peace officer. In that case, the minimum sentence may be increased to 25 years to life. If the defendant has a prior murder conviction, a life sentence without parole may be imposed.

Felony-Murder Rule

The felony-murder rule allows a defendant to be convicted of first-degree murder if the homicide occurs during the commission of a dangerous felony, even if the death was unintentional. Crimes such as burglary, robbery, or kidnapping can trigger the felony-murder rule, which can significantly increase the legal consequences for defendants involved in those crimes.

In addition to imprisonment, murder convictions in California carry extra penalties. Using a firearm during the crime can add years to a prison sentence. Restitution measures for the victim’s family are also possible.

What to Expect While Facing Murder Charges

If you are facing murder charges, the court process typically begins after your initial arrest. At the court hearing, the defendant is informed of the charges against them and asked to enter a plea of guilty or not guilty.

Having legal representation at this stage is crucial because every decision you make can significantly impact the case’s trajectory. A plea of not guilty begins the process of court hearings known as pre-trial proceedings.

Pre-Trial Proceedings

The pre-trial phase can be lengthy. The discovery phase allows both the prosecution and defense to share evidence and information related to the case. The defendant’s attorney can file motions to suppress evidence if it was unlawfully acquired. The legality of the arrest may also be brought into question. The criminal defense attorney has access to the evidence held by the prosecution and can review it to find weaknesses in the prosecution’s case.

There is no guarantee that a defendant charged with murder will be released before a trial takes place. A magistrate judge may determine that the defendant poses a risk to the public. The bond could be set at a very high amount or not allowed at all.

If bail is granted, it often comes with strict conditions, such as travel restrictions or regular check-ins with a probation officer. The defendant is typically advised not to discuss the case publicly because doing so could leave the defendant to make self-incriminating statements.

Discovery

Both the prosecution and defense attorney can use discovery to question witnesses. Your attorney may reach out to the arresting officer with specific questions that could be useful for your defense.

Trial

If the case goes to trial, you can expect a jury trial or, in some instances, a bench trial (where a judge decides the verdict). The trial process typically includes jury selection, opening statements, witness testimony, cross-examinations, and closing arguments.

The prosecution bears the burden of proof, meaning they must prove your guilt beyond a reasonable doubt. Your defense team will aim to create reasonable doubt regarding the evidence presented. The trial can be lengthy depending on the complexity of the case and the number of witnesses involved.

If found guilty, the next phase is sentencing. This can vary based on the jurisdiction and the specifics of the case. In murder cases, sentences can range from long-term imprisonment to life in prison or even the death penalty. An experienced attorney can advocate for mitigating factors during sentencing, potentially reducing the sentence you face.

What Does a Criminal Defense Attorney Do?

A criminal defense attorney is a legal practitioner who has earned a Juris Doctor (J.D.) degree and passed the bar exam in the state where they practice. They are also known as counselors because a criminal defense attorney’s job is to be well-informed about criminal laws and to provide advice and counsel to clients.

The primary job of a criminal defense attorney is to represent defendants in court. As the legal representative of a defendant, a criminal defense lawyer represents their client in court and speaks on their behalf. This can prevent the defendant from inadvertently saying something self-incriminating.

Anything said to an attorney is confidential. The courts cannot compel an attorney to divulge private conversations with defendants. One of the first jobs for an attorney is to learn the details of their client’s case, even when those details include information that suggests the defendant broke the law.

Developing a Legal Strategy

Once a criminal defense attorney understands the details of the case, they can develop a strategy for defending their client in court. This could include an established strategy like an alibi defense or a more novel approach. The attorney may make court appearances with the client throughout the case. There could be several hearings before the defendant accepts a plea bargain deal or waits for a trial date.

If the defendant is not offered bail, their attorney can meet their client in a private attorney conference room in the county jail. Defense attorneys often serve as investigators acting on their client’s behalf to gather evidence and collect testimonies that support the client’s case.

Criminal defense lawyers also act as negotiators when seeking a favorable plea bargain agreement with prosecutors. They may emphasize mitigating circumstances, such as the defendant’s mental state at the time of the crime, when seeking a favorable plea bargain.

Plea Bargain

If prosecutors present a settlement offer, the attorney’s responsibility is to explain the advantages and disadvantages of accepting it. Defendants are not obligated to accept a plea deal, especially if it seems unfavorable. In some cases, waiting longer may result in a more favorable offer from prosecutors looking to reduce their caseload.

If the defendant accepts the plea bargain, the defense attorney can inform prosecutors that the case is close to being settled. The defense attorney must clearly explain the implications of a plea bargain settlement before the defendant signs the offer.

If the defendant does not accept the plea bargain or if prosecutors do not offer a settlement, the case will go to trial, where a judge or jury will decide on a final verdict.

What Could Happen If My Case Goes to Trial?

Defendants have the right to a fair trial. There are multiple reasons why a defendant may seek a trial verdict for their case. One would be if the defendant staunchly maintains their innocence. An attorney may advise their client to go to trial if the prosecution’s case is weak. Another factor could be how sympathetic the defendant is. Juries can be swayed based on emotion in ways that prosecutors cannot.

Going to trial could delay the outcome of a case. During a murder trial, both the prosecution and defense are allotted time to present evidence to a judge or jury and argue their case. Murder trials typically take multiple days due to the severity of the penalties at stake. Once both sides rest, the jury is permitted time to determine their verdict.

Sometimes, the jury may decide the punishment if a guilty verdict is reached, or the judge may complete the sentencing after the verdict is reached. The jury or judge’s decision is final. If a judgment of not guilty is found, the defendant can never be charged with the same crime again. A judgment of guilt is also final unless the defendant files an appeal.

Defense Strategies for Defendants Facing Murder Charges

Facing a murder charge is one of the most daunting legal battles anyone can face and demands a well-crafted and strategic defense. With the possibility of life in prison or even the death penalty, the stakes are very high. Here are several powerful defense strategies that defendants and their legal teams may use to fight murder charges effectively.

• Self-defense or defense of others: Californians have a legal right to defend themselves and others if they perceive that they face imminent bodily harm or death. As with other states, the legal justification for self-defense has two basic elements that the defendant must prove. One element is the reasonable belief of imminent danger. This could be easy to prove if the deceased victim was armed or had a violent history.The other element is the proportionality of the response. If the deceased victim was not armed or did not behave in a dangerous manner before they were killed, the defendant may have a difficult time arguing that their reaction was proportional to the supposed threat. The prosecution may argue that the use of deadly force was excessive or that alternatives were available.
• Insanity: The insanity defense argues that the defendant was unable to understand the nature of their actions at the time of the crime because of a severe mental illness or some type of temporary incapacitation.This strategy can be complex to argue successfully and requires a substantial psychological evaluation to establish the defendant’s mental status. The defendant may be found not guilty by reason of insanity and could be committed to a mental health facility. This defense can be difficult to argue if the defendant is not outwardly and consistently displaying signs of insanity.
• Mistaken identity: Another viable defense strategy is mistaken identity. Eyewitness testimony can sometimes be unreliable. The defense may argue that the individual was incorrectly identified as the perpetrator, emphasizing the unreliability of eyewitness accounts.This defense strategy can be particularly effective when there is an alibi witness or surveillance footage showing that the defendant was elsewhere at the time the crime happened. By directly challenging the credibility of witnesses, the defendant can demonstrate reasonable doubt about their guilt.
• Lack of intent: Intent plays an important role in many crimes. Even if lack of intent isn’t sufficient to drop the charges, it can play a significant role when defense attorneys seek reduced charges or lowered penalties.Without intent, the criminality of an act becomes harder for a prosecutor to prove. If the defendant’s actions resulted from unintentional negligence, a murder charge may not be the appropriate criminal charge. In such instances, the charges could be reduced to manslaughter instead of murder.
• Coercion or duress: Another defense argument could be duress or coercion. This means the defendant was forced to act against their will due to the threat of immediate harm to themselves or others.To establish this defense, the defendant must prove they had no reasonable opportunity to escape the situation without harm and their actions were a direct result of the coercive circumstances. This strategy can be challenging because it requires convincing the jury that the defendant genuinely believed they had no choice.
• Constitutional violations: Defendants have certain protections under the U.S. Constitution. Any serious violation of those rights can provide grounds for case dismissal.This can include illegal searches and seizures, lack of probable cause, or failure to provide Miranda rights during interrogation. If the defense can demonstrate that evidence was obtained unlawfully, it may be suppressed, weakening the prosecution’s case and potentially leading to a dismissal of charges.

Can I Appeal a Guilty Verdict?

There are some misconceptions about what an appeal can and cannot do. An appeal is not a “do-over” for defendants who believe their trial did not go their way. There is no trial held during an appeal, and new evidence cannot be entered into the record.

An appeal is a judicial review of the court record from the original trial. A panel of judges considers whether the defendant’s rights were protected during the trial and whether there were any serious procedural irregularities.

A higher court has the authority to overrule the original verdict. An appeal of a criminal case can lead to a defendant’s guilty verdict being overturned. The defendant’s attorney must rely on the evidence entered into the original trial and court records, such as testimony, when arguing that the defendant was not allowed a fair trial.

Grounds for overturning a guilty verdict could include:

• Significant mistakes were made during the trial that affected the outcome, such as improper admission of evidence.
• The defense attorney’s performance was so inadequate that it impacted the defendant’s right to a fair trial.
• Instances of bias or improper behavior among jurors that impacted the trial’s fairness.
• The evidence presented at trial was inadequate to support the conviction, leading to an unreasonable verdict.
• Incorrect application of the law or jury instructions that may have influenced the jury’s decision.

Appeal Process

There is a narrow time period for initiating an appeal. The defendant’s attorney typically files it soon after the verdict to ensure the deadline is not missed. The notice informs the court and the opposing party of the intention to appeal.

Following this, the defense attorney prepares an appellate brief that outlines the legal arguments for the appeal. This brief should clearly identify the specific errors you believe occurred during the trial. They should be supported by references to the trial record and relevant legal precedents.

Appellate Brief

Once the appellate brief is filed, the prosecution (the appellee) will have an opportunity to respond with their own brief. After both sides submit their briefs, the appellate court may schedule an oral argument. This is where both parties can present their cases and answer questions from the judges.

The appellate court will then review the case. They will consider the trial record and the justifications presented in the briefs and oral arguments. The court can affirm the original verdict, reverse it, or remand the case back to the lower court for further proceedings. If the appellate court affirms the verdict, you may have limited options for further appeal. You could seek a review by a higher court, but this is often very challenging.

How to Find the Right Criminal Defense Attorney

If you are facing murder charges, finding the right attorney to represent you in court should be your top priority. Not all lawyers focus on criminal law. To prepare an effective defense strategy, you need to work with a lawyer who has several years of experience defending against criminal allegations. Look for an attorney who has trial experience because murder cases can and often do go to trial.

Online reviews can be a good source of feedback on the lawyer’s effectiveness in court. Once you have some prospective defense attorneys, you can meet with them individually to discuss your case.

A good defense attorney should be attentive during your consultation and articulate the strengths and weaknesses of your case. If you find an attorney who has a track record of helping clients resolve their charges on favorable terms and has a passion for helping clients, you should take that as a positive sign.

FAQs About Los Angeles, CA Murder Law

How Many Years Do You Get for Murder in Los Angeles?

In Los Angeles, the sentence for murder varies depending on the degree and circumstances. First-degree murder typically carries a sentence of 25 years to life in prison, while second-degree murder can result in 15 years to life. Factors like multiple victims or committing a crime during another felony may lead to life without parole or the death penalty under California law.

How Much Is a Lawyer in Los Angeles?

The cost of a lawyer in Los Angeles varies based on factors like the attorney’s location, experience, and the complexity of the case. Criminal defense cases, such as murder cases, typically involve more time and resources. This can influence the attorney’s fee structure. Many attorneys offer initial consultations to discuss fees and potential strategies tailored to your specific situation.

What Is the Average Sentence for Murder in California?

In California, the average sentence for murder can lead to lengthy prison terms, often resulting in life sentences. First-degree murder generally results in harsher penalties compared to second-degree murder. Sentences may vary based on factors like the circumstances of the crime, prior convictions, and other special circumstances that could enhance the punishment.

What Is the Most Common Defense for Murder?

One of the most common defenses for murder is self-defense. The defendant may argue they were protecting themselves from imminent harm or death, claiming their actions were justified to prevent injury or serious danger. The defense must prove that the use of deadly force was necessary and proportional to the threat faced and that there were no reasonable alternatives to avoid the confrontation.

How Can a Criminal Defense Lawyer Reduce the Penalties I’m Facing?

A criminal defense lawyer can reduce the penalties you are facing by negotiating plea deals, presenting mitigating evidence, and challenging the prosecution’s case. They might expose flaws in the investigation, argue for reduced charges, or seek alternative sentencing options, such as probation or community service. Your attorney’s job is to protect your rights and work toward a successful outcome on your behalf.

Schedule Your Los Angeles Murder Lawyer Consultation

Being charged with murder is a life-altering experience, and anyone facing serious criminal charges should seek legal representation. With a strong defense, you could be facing serious prison time. For murder charges, the court may be less likely to show you leniency, even if you have no prior convictions.

Choosing our founding attorney partners you with a seasoned lawyer who will tirelessly advocate for your rights and future. He has more than 20 years of legal experience defending clients and helping them receive favorable outcomes in their cases both in state and federal courts. With our dedicated legal team, you do not have to face these legal consequences alone. Contact our office today to see how we can help you.