Riverside Homicide Defense Attorneys
Homicide is an emotionally charged word. Few people say or encounter it in casual conversation, and it generally evokes a visceral reaction. Despite our natural aversion to the mention of homicide, few people understand what it means. Most people assume that homicide means that someone has been intentionally murdered when that isn’t always the case. Homicide is a word that encompasses all kinds of killing, including killing by accident, killing in self-defense, as well as intentional murder. Despite its reputation, this topic is simply an umbrella word to describe several types of acts. If you or a loved one has been accused or convicted of a homicide, you must understand the entire picture so that you can proceed with comprehensive knowledge on the subject.
Types of Homicide
As stated, homicide is a broad topic that describes several different types of situations. In all these situations, one person does kill another person. However, this doesn’t necessarily mean that a crime has been committed, that the killing wasn’t warranted, or that the perpetrator will be sentenced to a long time in prison. These are the different categories of homicide that you may encounter:
- Murder. This means that the killing was intentional and against the law. Generally, murder charges imply premeditation, though this is not always the case.
- Manslaughter. This encompasses all killing that is not premeditated but happens as a result of dangerous or reckless behavior. In other words, the person did not intend to kill anyone but was also not behaving in a way that kept others safe from harm.
- Self-defense. This means killing another person while defending yourself or someone else from them.
- Killing during war.
The last two are rarely grounds for a criminal case, while the first two, murder and manslaughter, generally require a trial.
Types of Homicide
As stated, homicide is a broad topic that describes several different types of situations. In all these situations, one person does kill another person. However, this doesn’t necessarily mean that a crime has been committed, that the killing wasn’t warranted, or that the perpetrator will be sentenced to a long time in prison. These are the different categories of homicide that you may encounter:
- Murder. This means that the killing was intentional and against the law. Generally, murder charges imply premeditation, though this is not always the case.
- Manslaughter. This encompasses all killing that is not premeditated but happens as a result of dangerous or reckless behavior. In other words, the person did not intend to kill anyone but was also not behaving in a way that kept others safe from harm.
- Self-defense. This means killing another person while defending yourself or someone else from them.
- Killing during war.
The last two are rarely grounds for a criminal case, while the first two, murder and manslaughter, generally require a trial.
Degrees of Murder
The category of murder is further broken down into subsections that specifically describe the crime. Many people have heard of these categories but don’t necessarily understand what they mean or what they entail.
- Felony murder. Felony murder describes any killing that happens during another crime. For example, if Person A and Person B are robbing a gas station and Person B kills the cashier in the heat of the moment, both Person A and Person B could be charged with murder. Under Bill 1437, Person A could prove that they didn’t know the murder was going to happen. If this is proven, because they did not do the actual killing, they will not be charged with murder.
- First-degree murder. This type of murder describes a killing that was thought out and planned. This is generally referred to as premeditation.
- Second-degree murder. This category describes murders that were intentional in the moment (i.e., not an accident or self-defense) but were not premeditated or planned.
- Aggravating circumstances. This describes a murder that targets a person in a specific position or category, such as a police officer or a religious leader. These sentences are usually more severe.
- Capital murder. This encompasses murdering for money or murder for hire, murder to benefit a gang or other group, murder as a hate crime, or murdering a witness.
If you are being charged with murder, these are the possible categories of charges you could face. For each, there will be a different defense plan or argument on your behalf, depending on the circumstances.
Types of Manslaughter
Manslaughter is much more common than murder, as it happens in the moment and is not planned. Most people who kill someone do not intend to do so, but life circumstances put them in a place where they end up taking another’s life. This category usually implies reckless behavior or a situation in which the accused acted without regard for another’s life. Under the umbrella of manslaughter, there are several different types that you can be charged with, depending on your situation.
- Vehicular manslaughter. This involves any killing that happens as a result of driving. Depending on the circumstances, this can be categorized as a felony or a misdemeanor. Killing someone while texting and driving or while eating and driving would be good examples of vehicular manslaughter. This category also encompasses situations in which a driver purposefully gets into an accident to collect insurance money and kills someone in the process.
- Involuntary manslaughter. This is the most basic category of manslaughter and simply describes a situation in which the killer did not mean to kill someone but was acting in a way that endangered others and showed a disregard for human life.
- Voluntary manslaughter. This category encompasses spur-of-the-moment killings. In these, the killing was intentional, but it was not premeditated.
- Intoxication. Someone who is intoxicated can easily kill someone. If they don’t intend to do so, but they acted with negligence while intoxicated, their killing is still manslaughter.
Manslaughter charges are unique in that all kinds of them can end up with felony charges or misdemeanor charges, depending on the circumstances. Because manslaughter is not pre-planned, there is a wide range of punishments that can occur. For this reason, it’s essential that you hire an experienced Riverside homicide lawyer to help you fight your charges and land you with the most lenient sentence possible.
Types of Manslaughter
Manslaughter is much more common than murder, as it happens in the moment and is not planned. Most people who kill someone do not intend to do so, but life circumstances put them in a place where they end up taking another’s life. This category usually implies reckless behavior or a situation in which the accused acted without regard for another’s life. Under the umbrella of manslaughter, there are several different types that you can be charged with, depending on your situation.
- Vehicular manslaughter. This involves any killing that happens as a result of driving. Depending on the circumstances, this can be categorized as a felony or a misdemeanor. Killing someone while texting and driving or while eating and driving would be good examples of vehicular manslaughter. This category also encompasses situations in which a driver purposefully gets into an accident to collect insurance money and kills someone in the process.
- Involuntary manslaughter. This is the most basic category of manslaughter and simply describes a situation in which the killer did not mean to kill someone but was acting in a way that endangered others and showed a disregard for human life.
- Voluntary manslaughter. This category encompasses spur-of-the-moment killings. In these, the killing was intentional, but it was not premeditated.
- Intoxication. Someone who is intoxicated can easily kill someone. If they don’t intend to do so, but they acted with negligence while intoxicated, their killing is still manslaughter.
Manslaughter charges are unique in that all kinds of them can end up with felony charges or misdemeanor charges, depending on the circumstances. Because manslaughter is not pre-planned, there is a wide range of punishments that can occur. For this reason, it’s essential that you hire an experienced Riverside homicide lawyer to help you fight your charges and land you with the most lenient sentence possible.
Punishments
The punishments for homicides cover a wide range. This is because intent and action have a lot to do with how punishments are laid out. Of course, a premeditated killing is bound to call for more serious sentencing than a killing that happened by accident. These are some general sentencing guidelines in the state of California. Keep in mind that your attorney may be able to reduce these charges in court.
- First-degree murder generally gets 25 years to life in prison.
- Capital murder, or murder in the first degree if you have a previous conviction, warrants a life sentence in prison without the possibility of parole or, in some cases, the death sentence (capital punishment is rare).
- Second-degree murder calls for 15 years to life in prison, depending on the circumstances and the person’s record.
- Voluntary manslaughter can warrant up to 11 years in prison.
- Involuntary manslaughter can earn a sentence of up to four years in prison.
- Vehicular manslaughter warrants up to 10 years in prison.
These scenarios all occur only if you are convicted of the crime in question, and there is no defense available to your attorney, which is unlikely if you have an experienced law firm fighting for you.
Possible Homicide Defenses
There are several ways your attorney may fight homicide charges. Their tactics will depend entirely on your case’s circumstances, but these are a few general options for defending against homicide charges.
- Self-defense. Many times, attorneys can prove that a killing occurred because the perpetrator was acting for their own safety.
- Tampered evidence. If the evidence for the trial has not been rightfully obtained or handled, the charges may be dropped.
- Insanity. The perpetrator was not in their right mind when they committed the act.
- The sentencing can and should be lessened to manslaughter, a misdemeanor, etc. This often requires that an attorney prove that a person did not plan the killing, which can be difficult.
If your attorney cannot prove your innocence, he or she will move to plead one of the above. Fighting a case this way may not get you out of sentencing entirely, but it certainly can reduce your charges and sentence. In many cases, getting your sentence reduced to a misdemeanor can be the difference between spending time in prison and paying a fine.
Possible Homicide Defenses
There are several ways your attorney may fight homicide charges. Their tactics will depend entirely on your case’s circumstances, but these are a few general options for defending against homicide charges.
- Self-defense. Many times, attorneys can prove that a killing occurred because the perpetrator was acting for their own safety.
- Tampered evidence. If the evidence for the trial has not been rightfully obtained or handled, the charges may be dropped.
- Insanity. The perpetrator was not in their right mind when they committed the act.
- The sentencing can and should be lessened to manslaughter, a misdemeanor, etc. This often requires that an attorney prove that a person did not plan the killing, which can be difficult.
If your attorney cannot prove your innocence, he or she will move to plead one of the above. Fighting a case this way may not get you out of sentencing entirely, but it certainly can reduce your charges and sentence. In many cases, getting your sentence reduced to a misdemeanor can be the difference between spending time in prison and paying a fine.
Do I Need a Criminal Lawyer?
Homicide is one of the most serious crimes of which you can be accused. If charged, you could be facing life in prison or the death penalty if you are convicted. There are some situations in which an attorney is unnecessary, but homicide cases are no such occasion. If you are charged with homicide of any kind, whether it be murder, manslaughter, or something else, the very first thing you need to do is hire a competent attorney. The law offices of Kathleen G. Alvarado employs the best Riverside homicide lawyers and gives you the very best chance of winning your case.
WHY KATHLEEN G. ALVARADO?
For over 10 years, the law offices of Kathleen G. Alvarado has been providing the Riverside area with exemplary criminal defense attorneys and resources. Each of our attorneys is highly trained and more than qualified to take on a homicide case of any caliber. Before opening her practice, Kathleen G. Alvarado served for a quarter of a century as the area’s deputy district attorney. No one has more experience in Riverside-specific law than Kathleen G. Alvarado, and she and her associates are well poised to help you win your case and get your life back on track.
If you are facing homicide charges, there is no time to lose. The sooner you call our offices, the sooner we can begin to build a solid case in your favor. Do not wait; contact the law offices of Kathleen G. Alvarado today.
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