Driving

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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Wallin & Klarich Orange County Criminal Defense Attorney Felony Murder

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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Wallin and Klarich Criminal Defense Law Firm Orange County Charge Bargaining

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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Murder

Navigating the Maze of California Penal Code Section 1172.6

Navigating the Maze of California Penal Code Section 1172.6 In recent years, significant reforms have swept through California's legal landscape, offering hope and new opportunities for individuals previously convicted under outdated laws. At the forefront of this transformation is California Penal Code Section 1172.6, a crucial legal tool that addresses past convictions for murder, attempted murder, and manslaughter. For accused individuals, understanding the nuances of this code is essential. It…

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Preliminary Hearing

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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guns firearms weapons

Change to California Felony Murder Rule Could Allow for Resentencing

Change to California Felony Murder Rule Could Allow for Resentencing Recently, California Governor Jerry Brown passed a law that drastically changes the felony murder rule. One of the most important aspects of this new law is that it is retroactive. That means that if you or someone you care about was convicted of murder under the felony murder rule, you or your loved one may be able to apply for…

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Special Circumstances Murder (California Penal Code Section 190.2)

Special Circumstances Murder (California Penal Code Section 190.2) Can some people be sentenced to the death penalty for a murder conviction while others are not? Does handing down the death penalty to only some people convicted of murder result in violating those people’s protection against cruel and unusual punishment? In 1972, the Supreme Court ruled in Furman v. Georgia, 408 U.S. 238 (1972) that issuing the death penalty to a…

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How to Beat Attempted Murder Charges (PC 664)

How to Beat Attempted Murder Charges (PC 664) In California, attempted murder is punished almost as severely as murder itself. Under Penal Code Section 664, you face up to nine years in state prison if you are convicted of attempted murder. That is why you need to speak to an experienced criminal defense attorney who may be able to help you beat attempted murder charges. Defenses to Attempted Murder Charges…

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