February 16, 2012 By Paul Wallin

In California a person can be charged with 2nd degree murder if they are under the influence of alcohol and they cause an accident which results in the death of another person, including a person in the car they are driving. Murder can be charged under these circumstances under a theory called implied malice. That means that the person knew that drinking and driving was dangerous and although they were aware of the risk of drinking and driving they consciously ignored the risk and did it anyways and killed someone as a result. This type of murder charge does not require intent to kill anyone but does require the prosecutor to prove that the person knew that the conduct was dangerous and engaged in it regardless. Murder is obviously a serious charge in every case and if you or a loved one is charged with murder it is imperative you speak with a highly skilled criminal attorney.

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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