Can You Be Convicted of Murder Even If You Were Not Driving at the Time of the Collision?
Can You Be Convicted of Murder Even If You Were Not Driving at the Time of the Collision? The answer is YES. A recent California Court of Appeal decision makes clear that you can be convicted of murder—even if you were not driving your vehicle at the exact moment a fatal crash occurred—if your actions while driving under the influence directly led to someone’s death. In People v. Nevarez, the…
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Charged with Watson Murder? Why You Need an Experienced Criminal Defense Attorney
Charged with Watson Murder? Why You Need an Experienced Criminal Defense Attorney In California, prosecutors can file second-degree murder charges against drivers involved in fatal crashes — even if they never meant to hurt anyone. This type of case, known as a Watson murder, is based on the 1981 California Supreme Court decision in People v. Watson. Since that case, prosecutors have used the Watson rule to pursue murder charges…
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California Supreme Court Overturns Death Sentence in Orange County Case Due to Gang Law Changes
California Supreme Court Overturns Death Sentence in Orange County Case Due to Gang Law Changes The California Supreme Court recently overturned the death sentence of a man convicted of murder and attempted murder in Orange County, citing changes in California’s gang laws. While the convictions for murder and attempted murder remain, the death penalty and gang-related findings were reversed, and the case has been sent back for retrial on the…
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Understanding the California Felony Murder Rule: What Accused Individuals Need to Know
Understanding the California Felony Murder Rule: What Accused Individuals Need to Know The California Felony Murder Rule has long been a source of fear and confusion for those accused of serious crimes. Its implications are significant, often holding individuals accountable for murder even when they didn’t commit the actual act. If you or someone you know is facing charges under this rule, understanding its scope, and possible defenses is crucial.…
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Menendez Brothers Resentencing: How Resentencing Can Get You Out Of Jail Now
Menendez Brothers Resentencing: How Resentencing Can Get You Out Of Jail Now The recent resentencing of Erik and Lyle Menendez this week marks a significant turning point in one of America's most notorious murder cases. After more than three decades behind bars, the brothers have been resentenced to 50 years to life in prison, making them immediately eligible for parole—a dramatic shift from their original sentence of life without the…
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What to Do If You’re Facing Murder Charges: Critical First Steps
What to Do If You're Facing Murder Charges: Critical First Steps Being charged with murder in California is one of the most serious legal situations a person can face. The consequences of a murder conviction are severe, potentially including life imprisonment in certain cases. If you or a loved one is facing murder charges, the actions you take immediately following your arrest can significantly impact the outcome of your case.…
Read MoreUnderstanding First vs. Second Degree Murder Charges in California: A Comprehensive Guide
Understanding First vs. Second Degree Murder Charges in California: A Comprehensive Guide When facing murder charges in California, understanding the distinctions between first and second-degree murder is crucial. These classifications significantly impact potential sentences and defense strategies. This blog breaks down the key differences and what they mean for defendants in the California criminal justice system. Our skilled criminal defense attorneys at Wallin & Klarich can guide you through the…
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Can a Parent Be Charged with Murder If They Fail to Protect Their Child?
Can a Parent Be Charged with Murder If They Fail to Protect Their Child? The loss of a child is a devastating tragedy, but when it happens due to a parent's failure to protect, the legal system can come into play in profoundly complex ways. California law holds parents and guardians accountable for the welfare of their children, and in certain instances, failing to fulfill this duty can lead to…
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Understanding Self-Defense as a Viable Defense in Murder Cases
Understanding Self-Defense as a Viable Defense in Murder Cases When faced with a murder charge, few things are as overwhelming as navigating the legal maze ahead. However, one argument that can be a lifeline for the accused is self-defense. This legal defense is built on the principle that individuals have a right to protect themselves from imminent harm—even if doing so results in another's death. Understanding how self-defense is viewed…
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How To Beat An Attempted Murder Charge – Penal Code Sections 187, 664
How To Beat An Attempted Murder Charge - Penal Code Sections 187, 664 Facing an attempted murder charge in California is a daunting experience that can have life-changing consequences. The gravity of the situation demands a thorough understanding of the law and strategic planning to mount an effective defense. This blog post aims to provide insights on relevant California penal code sections for attempted murder, strong defense strategies, and the…
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