Murder charges have one of the most severe penalties in California criminal law. Thus, it is always crucial for Los Angeles criminal defense attorneys establish solid, evidence-backed defenses to ensure those penalties aren't handed down.
That said, what are the most robust forms of defenses you can use for California murder charges? How do they affect a case? And what are the conditions that need to be met for them to be effectively used in court?
Let's take a look:
Common Murder Defense Arguments In California Criminal Law
Solid defense against murder charges aims to take the fault or responsibility away from the defendant. Hence, the most common defenses to murder charges in California are as follows:
1. Self-Defense Or Defending Other People
The argument that a murder was necessary to protect the defendant or others from being killed, suffering serious physical harm, or being raped, maimed, or robbed is arguably the one that is used the most frequently in murder cases. As long as the defendant acted reasonably, self-defense is a legal defense against murder allegations.
Usually, self-defense or defense of others argues that the defendant had no other choice. Otherwise, they would have suffered harm. The self-defense argument is often presented with ample evidence by Criminal law attorneys in Los Angeles.
2. Insanity
The insanity argument is a valid defense in a murder trial, even though the media use it more frequently than actual ones. A defendant must have acted with malice before being charged with murder.
A claim of insanity makes the case that the defendant could not have the necessary mental state due to a mental illness. If a defendant is considered insane, the court will look at:
- Whether the accused was aware of the character and nature of the offense
- Whether the defendant is capable of recognizing right from wrong
Defendants who bring up the insanity defense need to see a specialist to confirm their mental/psychological state.
3. Unintentional Deaths
A murder only qualifies as such if it was committed with malice. Because of this, a truly accidental death lacks the required premeditation of malice to be considered murder.
It's crucial to remember that even if an unintentional death doesn't meet the criteria for murder, it may still be charged as a felony like a manslaughter. So, for example, a vehicular accident might be an accidental death but can still be charged with manslaughter in California.
A defendant who asserts accidental killing as a defense must be able to demonstrate:
- Had no malicious desire to harm others
- Was not being careless
- Was otherwise working on a legal activity when the killing occurred
When this happens, it's best to consult a Criminal Defense Lawyer in Los Angeles before taking the next step. You want to ensure you aren't doing or saying anything that's making your case worse.
4. Illegal Search or Seizure
Suppression of illegally obtained evidence is one of the most effective defenses available. A residence or car cannot just be randomly searched by law enforcement. Any evidence gathered from an unlawful search by an officer violating a defendant's 4th Amendment rights may be excluded from consideration at trial. A skilled criminal defense lawyer can make all the difference in this situation.
A prescreened California criminal law attorney can spot any erroneous searches or seizures and file the proper motions to have such evidence suppressed at trial. The prosecutor may propose lower charges or drop the case entirely if the case is sufficiently hurt by suppressed material.
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