Los Angeles Man Charged With Second Degree Murder in Deadly Street Racing Accident
In a recent Los Angeles Murder case, the defendant was involved in a street race where either his car or another car hit the victim’s car, after both cars ran through a stop sign at unsafe speeds. The occupants of the victim’s car were all killed. After the accident the defendant fled the scene. Evidence revealed that the defendant’s vehicle was involved in the accident. His car was modified for racing and his speed at the time of impact 80 to 90 miles per hour. The defendant was found guilty of second degree murder.
In order to be convicted of second degree murder the prosecution must prove that the killing was done with malice aforethought. Implied malice is defined as a person acting with wanton disregard of the high probability of death.
Second degree murder is punishable by up to fifteen years to life in state prison. Most importantly, if you have previously served a sentence for murder your punishment may be increased to twenty years to life. With such grave consequences, it is vital to hire an experienced Los Angeles murder defense attorney.
In this case, the Court of Appeals affirmed the murder conviction against the defendant. The court reasoned that the defendant was subjectively aware of the high degree of risk associated with street racing at high speeds. In other words, the defendant acted with implied malice at the time of the killings. Additionally the defendant’s vehicle was specifically modified for racing, which meant that the defendant’s conduct in engaging in such a race was not a spur of the moment decision or made in poor judgment. Not only was the defendant reckless in exceeding the speed limit, but he had consumed alcohol prior to the race and upon causing the accident he fled and did not help any of the victims. Therefore, the defendant had subjective awareness of a high risk of death caused by his conduct.
If you or a loved one is facing a charge of second degree murder, it is critical that you speak with an experienced Southern California criminal defense attorney. At Wallin & Klarich, our attorneys have over 40 years of experience in handling murder cases. Our attorneys will defend your rights and fight to get you the best possible result in your case. Call us today at (888) 280-6839. We will be there when you call.
AUTHOR: Paul Wallin
Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney.
Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.
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