Can someone be charged with First Degree murder if they never actually killed anyone?
When Can I Use ‘Heat of Passion’ As A Defense In My Murder Case?
When Can I Use 'Heat of Passion' As A Defense In My Murder Case? Dealing with criminal charges can be scary, especially when your freedom is on the line. If you're in a situation where you need to defend yourself legally, it's important to know what you can do. In California, there's the "heat of passion" defense, and it could make a big difference in how your case turns out.…
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What Is A “Heat Of Passion” Defense?
“Heat Of Passion” Defense The heat of passion defense is one of the defenses available to those accused of committing a crime in California. It's based on the principle that a person who acts in the heat of passion, without sufficient time for their passion to cool, and with an honest and reasonable belief that their actions were necessary for self-defense or defense of another, should not be held liable…
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Degrees Of Murder | What’s The Difference?
Degrees Of Murder And The Differences In California, murder is defined as the killing of a human being with malice aforethought. There are three levels of murder in the state: first-degree, second-degree, and manslaughter. First-degree murder is premeditated killing or involves special circumstances such as torture, child abuse, or lying in wait. Second-degree murder is an intentional killing without premeditation, as well as killings that occur during the commission of…
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In re Ferrell: Murder Conviction Reversed Due to Improper Jury Instruction
In re Ferrell: Murder Conviction Reversed Due to Improper Jury Instruction In the case of In re Ferrell, the court reversed the defendant’s murder conviction due to erroneous jury instruction regarding a legally invalid theory of murder. If you have been charged with murder or any serious crime, contact our attorneys at Wallin & Klarich to see if you may have been convicted due to improper jury instructions. If so,…
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Degrees of Murder: What’s the Difference?
Degrees of Murder: What’s the Difference? Murder is one of the most severe crimes in California, and the penalties for conviction often involve a lifetime in jail. However, the different degrees of murder can be confusing and complex, as your charges will often depend on the specific circumstances of your case and your intentions. Below, our attorneys explain the differences between the different degrees of murder. First-Degree Murder First-degree murder…
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People vs. Nieves: Death Penalty Sentence Overturned
People vs. Nieves: Death Penalty Sentence Overturned In an opinion issued May 3rd, 2021 the California Supreme Court overturned the death sentence of a mother who was convicted of killing her 4 children due to misconduct by the court during the penalty phase of the case. The Guilt Phase and The Penalty Phase The United States Supreme Court has set a two-step procedure for death penalty cases where the jury…
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If you were convicted under the Provocative Act Murder Rule you may not get relief under SB1437
If you were convicted under the Provocative Act Murder Rule you may not get relief under SB1437 On November 19, 2020, the California Court of Appeals affirmed (i.e. upheld) a prisoner’s murder conviction. The appellant in this case, prisoner Derrick Swanson, was involved in a robbery of a gas station in Long Beach, California in the 1990’s. After robbing the gas station attendant and firing a shot at the attendant…
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Changes to the Felony Murder Statute in California SB 1437
Changes to the Felony Murder Statute in California SB 1437 In 2018, the Legislature enacted Senate Bill No. 1437, which amended the felony murder statute to read that a defendant is only guilty of felony murder if he: actually killed the victim, directly aided and abetted or solicited in the killing, or otherwise acted with the intent to kill; or was a major participant in the underlying felony and acted…
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Can a Woman Be Charged For Murder For Overdosing on Methamphetamine in California?
Can a Woman Be Charged For Murder For Overdosing on Methamphetamine in California? Recently, the question confronting courts is whether the use of meth by a pregnant woman is reckless and deliberate enough to elevate the death of a fetus from manslaughter to murder? And if it is, does such a charge of murder create a slippery slope against other actions that may be considered ‘reckless and deliberate’ enough…
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Can someone be charged with First Degree murder if they never actually killed anyone?
Can someone be charged with First Degree murder if they never actually killed anyone? Did you know that you can be convicted of murder even if you never killed anyone?. The case of In In re McDowell indicates that in fact you can be charged and convicted of murder in certain situations. In the case of Donald William McDowell, Mr. McDowell and his accomplice broke into the home of a…
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