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 a felony. Manslaughter also has three types. Continue reading to find out more about each degree of murder.
Choosing Wallin & Klarich to represent your case puts you in a better position to receive the best outcome for your case. We have over 40 years of experience in Southern California. Call us today at (877) 4-NO-JAIL for your free appeal consultation!
Manslaughter can be categorized into different degrees, each carrying its own set of punishments. Voluntary manslaughter refers to an intentional killing that occurs either due to “adequate provocation” or an unreasonable attempt at self-defense. On the other hand, involuntary manslaughter involves an unintentional killing that happens during the commission of a misdemeanor or due to gross negligence. Lastly, vehicular manslaughter refers to an unintentional killing that occurs while driving a motor vehicle after committing an unlawful act. Vehicular manslaughter can be prosecuted as either a felony or a misdemeanor, depending on the circumstances.
Manslaughter – Penalties
Each type of manslaughter carries a different sentence. While all of these sentences are more lenient than the sentences for first-degree murder and second-degree murder, it is still important to hire an experienced defense attorney who can help guide you through each step of the process. Additionally, a skilled defense attorney will be able to utilize the best defenses to get the best possible outcome for your case. Our attorneys at Wallin & Klarich have over 40 years of experience defending cases like yours. Call our office today! Below are some of the penalties for each type of manslaughter:
- Voluntary Manslaughter
- 3-11 years in prison
- Involuntary Manslaughter
- 2-4 years in prison
- Vehicular Manslaughter
- Varies greatly depending on the case, but typically between 1-6 years
Second-degree murder is any killing done with malice but without premeditation. This means you acted with the intent to cause serious bodily harm to someone, but did not plan the killing out ahead of time. For example, you are at a bar and get into an argument with someone. You then hit the other person over the head with a rock, which resulted in their death. You could be charged with second-degree murder because although you did not necessarily intent to kill the person, you intended to cause serious harm which resulted in their death.
If you are facing a second-degree murder charge, it is important to have an experienced defense attorney on your side. Call our office today for a free consultation!
Second-Degree Murder – Penalties
Second-degree murder carries penalties that are typically more severe than manslaughter but less than first-degree murder. Second-degree murder sentences can vary greatly depending on the facts of the case, but typically sentences are at least 15 years in prison.
Even after your prison sentence is over, a second-degree murder conviction can affect your personal and professional life. Employers will be less likely to hire you, resulting in the potential to struggle finding a steady job. Additionally, your relationships with friends and family can suffer as well. If you have been accused of second-degree murder, it may seem like your life is over – but it doesn’t have to be. Our attorneys at Wallin & Klarich have over 40 years of experience representing cases like yours. Call us today for a free consultation!
First-degree murder is characterized by premeditation, indicating that the killing was planned in advance. However, in California, a killing that was not intentionally planned can still be classified as first-degree murder if it occurs during an inherently dangerous felony. These felonies include rape, carjacking, robbery, arson, kidnapping, burglary, or mayhem. This legal principle is known as the felony-murder rule.
If you have been accused of first-degree murder, you need a skilled defense attorney on your side. Your defense attorney will be able to raise the best defenses in your case, which will result in the best possible outcome for you. Call our office today for a free consultation!
First-Degree Murder – Penalties
First-degree murder is one of the most serious crimes. Because of this, prosecutors in California will ask for the harshest sentences. Some of the sentence options for first-degree murder include:
- 25 years to life imprisonment
- Life imprisonment without the possibility of parole
- Death sentence
If you have been accused of first-degree murder, your life’s on the line. That’s why you need a skilled defense attorney on your side who can guide you through every step of the way.
Contact Wallin & Klarich Today
If you have been accused of any type of murder, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison.Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.