San Francisco Murder Defense Lawyers

Attorneys in San Francisco Defending Individuals Accused of Murder and Other Violent Crimes

The State of California defines murder as unlawfully killing a fetus or human being with malice aforethought. California murder charges can be brought in the first or second degree. In either case, the potential penalties upon conviction for murder are severe and can result in life imprisonment.

If you are currently facing murder charges in California, the stakes couldn’t be higher. Consequently, you should seek legal assistance with your criminal case as soon as you possibly can. The San Francisco murder defense lawyers at The Law Offices of David S. Chesley can review the facts of your case and safeguard your legal rights throughout the entire criminal process. Our lawyers will be by your side, advocating on your behalf against the prosecuting attorney, whether in court or at the negotiating table. To schedule your free consultation with one of our attorneys, call our office today or send us an email through our online contact form.

Malice Aforethought

In order to be charged with murder, the accused must have committed the crime with malice aforethought. Malice aforethought does not necessarily mean that the accused harbored any specific ill will toward the alleged victim. Rather, it means that the accused acted without regard for human life – or acted in such a way that death would almost certainly result.

To be convicted of first or second-degree murder, the accused must have acted with malice. This malice may be either implied or express.

First-degree Murder Charge

First-degree murder is one of the most serious crimes a person can be charged within California. To be charged with and convicted of first-degree murder, the accused must have done one of the following:

• The accused must have performed the killing in a deliberate, willful, or premeditated manner.
• The accused must have committed the murder by using a destructive or explosive device, ammunition, a weapon of mass destruction, or by “lying in wait” for the intended victim (or by inflicting torture on him or her).
• The accused must have committed felony-murder (i.e., a murder which occurs during the commission of certain enumerated felonies).

First-degree murder may include going to a person’s house with the specific intention of murdering him or her there, or waiting for a person to return to his or her vehicle in order to murder that person.

Capital Murder Charge

Capital murder is the most serious murder charge in California. It is also known as first-degree murder with special circumstances, and it applies to several different situations. Some of those situations include:

• Killing a person for money
• Killing more than one person
• Killing a firefighter, police officer, juror, judge, or elected official
• Killing a witness in order to prevent the witness from testifying in court
• Killing someone during the commission (or attempted commission) – or after committing – an enumerated felony, pursuant to the felony-murder rule
• Killing a person because of that person’s religion, race, color, or country of national origin
• Killing someone during the course of a drive-by shooting
• Killing someone for the purpose of benefiting a criminal street gang

If you have been charged with first-degree murder or capital murder, the San Francisco criminal defense lawyers at The Law Offices of David S. Chesley can look at the facts and circumstances of your charge and explain all of your legal options in easy-to-understand terms.

Second-degree Murder Charge

In the State of California, second-degree murder, quite simply, is murder which does not fit within the legal definition of first-degree murder. Although second-degree murder is willful murder, it is not premeditated or deliberate. A person may be charged with second-degree murder in any of the following circumstances:

• Shooting a loaded pistol at a large gathering and killing someone – even if the accused had no intention of actually killing someone
• Striking a person in such a way that he or she is likely to fall to the floor and suffer a serious head injury which would result in death.

Felony-murder Charge

In the State of California, felony-murder is applicable to both first and second-degree murder charges. A person may be charged with and convicted of felony-murder if he or she kills someone during the commission of an inherently dangerous, enumerated felony. Under this doctrine, so long as the alleged victim’s death can be logically related to the felony, the accused may be convicted of felony murder. This is true even if the alleged victim’s death was not foreseeable.

In order for a person to be charged with and convicted of felony-murder in California, the prosecutor must be able to show that the accused was either the actual killer; aided, abetted, or assisted the actual killer; or actively participated in the commission of the underlying felony and acted without regard to human life.
First-degree felony murder charges can be brought when a death occurred during the commission of the most serious felonies, including burglary, arson, rape, robbery, kidnapping, and carjacking.

Second-degree felony murder charges may also be brought when the death occurs during the commission of an “inherently dangerous” felony – or during the commission of a felony which is not listed as part of the felony-murder rule. An “inherently dangerous” felony is one which cannot be committed without a substantial risk to loss of life. Examples of when the courts have applied the felony-murder doctrine include cases of maliciously burning a car and manufacturing methamphetamines.

Penalties upon Conviction

Those who have been convicted of murder in California will face harsh criminal penalties. A first-degree murder conviction can result in anything from 25 years’ incarceration up to life imprisonment. Moreover, if the first-degree murder charge involved a hate crime, the defendant could receive life in prison without parole (LWOP). The penalties for capital murder can include death or life imprisonment without parole.

A second-degree murder conviction can result in 15 years’ incarceration in state prison, all the way up to life imprisonment. However, there are several factors which can increase this potential sentence, including having a prior murder conviction, killing a peace officer, or killing the alleged victim with a firearm by shooting out the window of a motor vehicle (and while intending to cause the alleged victim serious injuries).

California murder charges may also result in additional penalties, including paying restitution to the victim’s family and losing the right to possess a firearm.

At The Law Offices of David S. Chesley, our San Francisco criminal defense attorneys can fight for your right to a charge reduction or negotiate with the prosecutor to obtain a favorable plea deal in your case.

Defenses to Murder Charges

If you are facing first or second-degree murder charges, a strong legal defense may significantly lessen (or eliminate altogether) the consequences and penalties upon conviction. Common defenses to California murder charges include:

• Mistaken identity (such as when the accused has a good alibi)
• Insanity
• Coerced confession
• Evidence illegally obtained (i.e., in violation of the accused’s Fourth Amendment rights)

The skilled criminal defense lawyers at The Law Offices of David S. Chesley can determine whether these or any other defenses apply in your case.

Call Our Office Today to Schedule a Free Case Evaluation with a San Francisco Murder Defense Attorney

Successfully defending against a murder charge requires a skilled legal team with experience defending serious criminal charges. At The Law Offices of David S. Chesley, our San Francisco defense lawyers are ready to start defending your rights today. To schedule a free consultation and case evaluation with one of our attorneys, call our office today or contact us online.