You will need a first degree murder lawyer in El Cajon, CA because the outcomes will change your life. Moreover, they are quite expensive as well. Therefore, the lawyer will fight for your rights and come up with a strategy to represent your interests.
An individual can commit different offenses that may result in homicide charges. However, first degree murder has the most severe punishments. The law defines first degree murder as the unlawful killing of a person with an intent to harm. Furthermore, the act involves forethinking and planning. On the other hand, a crime that the legal system cannot categorize as first degree is changed to second-degree murder instead.
What are the different factors of First degree murder?
You will notice the following elements in each first murder trial:
The lack of intent
When the prosecutor registers the first degree charges on the accused, they must prove they did it with intent. In other words, they must present evidence that aligns with the pre-planning of the accused, ending the human being or the fetus. Furthermore, the prosecution does not need to prove the timeline. However, they must prove the intent that concludes with the accused taking someone’s life.
The accused committed a felony.
According to Senate Bill 1437, the court will charge you with a felony alongside the intent to end someone’s life. In addition, the California PC 189 offers a list of felonies with murder on top of it. As a result, you face felony charges when you end someone’s life while performing the following crimes:
- First, burglary.
- Secondly, car high jacking.
- Thirdly, arson
- Also, kidnapping
- Mayhem and torture
- Furthermore, a lewd attitude with a minor
- Moreover, sadistic behavior
- Lastly, forceful penetration for intercourse.
The murder involves waiting.
The prosecution will try to establish a pattern of behavior. As a result, they will aim to prove the harm or the trauma the accused caused. In short, the actions of the person on the stand show they do not value human life. Moreover, the wait does not involve a deadly weapon. You will need to work with a first degree murder lawyer in El Cajon, CA, to counter-argue camera footage. The legal expert will examine the evidence before the court date to build the defense.
The actions caused the death.
In addition to the wait and the intent, the prosecution will present evidence that will link the accused actions to the victim’s death. Their report will talk about a severe injury or abuse. As a result, the victim becomes powerless because they cannot seek help. Lastly, first degree murder layers in El Cajon, CA, will argue the crime scene photos to drop the charges.
In gist, you will not face murder charges until the prosecution is able to prove their stance. Therefore, hire our highly qualified first degree lawyers in El Cajon, CA, to fight the accusations.
Which defenses do the first degree murder lawyers in El Cajon, CA, use?
The accused was killed accidentally.
The first degree murder lawyers in El Cajon, CA, will try to argue their client was killed accidentally. As a result, you can avoid the charges. Accidental killings involve:
- Their client did not intend to commit the crime
- Furthermore, the person did not overlook the acts.
- Also, the client was not involved in unlawful crimes after the victim’s death.
Mistook Identify
The legal system has placed many individuals in jail because the criminals confused their identities. The agencies can arrest the wrong person because the witness believes you are the primary criminal. Unfortunately, many elements can compromise the eyewitness report. Consequently, they identify the wrong criminal because of police suggestions, crime duration and date, misidentified weapons, stressful situations, and intoxication.
First degree murder lawyers in El Cajon, CA, will present doubt to the judge. In other words, the lawyer will challenge the entire process that the agencies and prosecution used. As a result, the prosecution’s evidence becomes unreliable.
Coerced confession
During the arrest, the police will read the Miranda rights. It is everyone’s constitutional right that they must hear before the arrest. Therefore, the agency workers must not coerce the accused to confess. In other words, they must not inflict threats or fear.
Unfortunately, confessions using coercion are very common in California. Therefore, the first degree lawyers in El Cajon, CA, will scrutinize the arresting officer on the stand. As a result, the judge will dismiss the case if the confession is illegal.
Insanity
First degree murder lawyers in El Cajon, CA, often use the insanity defense so the judge will drop the charges. In other words, the accused was not in the right state of mind. They could not differentiate right from wrong.
The agencies obtained evidence illegally.
The court will dismiss evidence if the agencies obtain them illegally. First degree murder lawyers in El Cajon, CA, will argue that the residents did not permit the officers to enter the house. Secondly, the police did not stick to the rules. However, they will need to provide evidence for their strategy.
Self-defense
Lastly, the First degree murder lawyers in El Cajon, CA, will say the prosecution’s evidence is insufficient. Furthermore, the accused killed the person because they were fearing for their lives. Dangers include rape, maiming, injuries, and robbing.
What are the penalties for first degree murder in El Cajon, CA?
In El Cajon, CA, murder is the most severe punishment out of all the crimes. If the court convicts you of a murderous charge, then the judge can send you to a minimum of 25 years to life in a state prison. Secondly, life imprisonment without parole is also a possibility. If the charges are harsh, the judge will order the capital punishment. In other words, it is called the death penalty.
Secondly, state laws state a prison sentence without parole and death in first degree murder in special circumstances. For example, the convicted individual was killed to gain something financially. Furthermore, the accused used an explosive device to kill more than one person. The accused initially avoided lawful arrest. Lastly, the accused murdered a police officer, prosecutor, juror, judge, or an elected member of the government.
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At our firm, our First degree murder lawyers in El Cajon, CA, are ready to help you. If the agencies have arrested you and you need help, call or email our firm. Do not hesitate to contact us for expert help.