Turn the Tables: Successful Defense Against Murder Charges

Northern CA Murder Defense Attorney

Defending Against Murder Charges in Alameda, Stanislaus, San Joaquin, Contra Costa, San Mateo, and Santa Clara Counties

We are proud to defend those accused of felony and violent crimes in Dublin, Modesto, Pleasanton, and the surrounding areas, including the charge of murder. Our team has fearlessly defended countless clients during their most challenging times. At Jesse J. Garcia Attorney at Law, we devote our time and energy to investigating your case thoroughly, ensuring no detail is overlooked.

Are you facing charges of murder? Call Jesse J. Garcia Attorney at Law, today at (510) 782-7580 or contact us online to schedule a free consultation with our experienced murder defense attorney in Northern CA.

California Murder Laws 

Under California law, murder is defined as intentionally killing someone with malice aforethought (premeditation). The difference between murder and manslaughter lies in intent. Manslaughter typically involves a spontaneous decision, while murder usually results from a plan.

Malice aforethought, or the intent to kill, applies in cases where:ļ»æ

  • The accused allegedly inflicted bodily harm until the point of death.
  • The accused behaved in a way that demonstrated an apparent disregard for life.

First-Degree vs. Second-Degree Murder

In California, murder is classified into two degrees: first-degree and second-degree murder.ļ»æ

  • First-degree murder involves intentional and premeditated killing.
  • Second-degree murder is less malicious and may lack premeditation or forethought.

What Crimes Can Be Charged as First-Degree Murder?

In California, specific methods of causing death may result in a first-degree murder charge, such as:

  • Use of explosives.
  • Use of ammunition intended to penetrate armor or metal.
  • Poison.
  • Waiting for the victim (lying in wait).
  • Torture.

First-degree murder can also occur during the commission of another crime, like arson  or kidnapping. All other murders are considered second-degree.

What Are the Penalties for First-Degree Murder?

Penalties for first-degree murder in California include:

  • 25 years to life in prison.
  • Life imprisonment without parole.
  • Death penalty (currently suspended in California, though still part of the penal code).

Exceptional circumstances may increase the severity of the sentence. For example:

  • Murder by explosives or for financial gain is punishable by life without parole.

Penalties for Second-Degree Murder

The penalties for second-degree murder are generally less severe but still significant:

  • 15 years to life in prison.
  • 20 years to life if the victim was killed by a firearm fired from a moving vehicle.
  • 25 years to life if the victim was a police officer.

A prior violent criminal record or other aggravating factors may lead to harsher sentencing.

Defenses Against Murder Charges

The success of your defense depends on the unique circumstances of your case. At Jesse J. Garcia Attorney at Law, we carefully evaluate every detail and build a personalized strategy to challenge the charges against you.

Below are some potential defenses against murder charges in California:

Self-Defense

This defense applies if you can show that you:
• Reasonably believed you were in imminent danger of death or serious bodily harm.
• Use force that is necessary to protect yourself.

Defense of Others

Similar to self-defense, this applies if you acted to protect someone else from imminent danger of death or serious bodily harm.

Insanity

The insanity defense may be used if you can demonstrate that, at the time of the crime, you:
• Had a mental illness or defect.
• I could not understand the nature or consequences of your actions.
• We're unable to distinguish between right and wrong.

Lack of Intent

If the killing was accidental or unintentional, this defense may argue that you lacked the necessary intent for a murder conviction.

Alibi

This defense is used if you have evidence or witnesses to prove you were not at the scene of the crime when the murder occurred.

Mistaken Identity

This defense can challenge the prosecution's case if you present evidence showing you were falsely identified as the perpetrator.

Your Case Is Never Hopeless!

If you've been accused of murder in California, you may feel overwhelmed and anxious about your future. However, your case is never hopeless when Jesse J. Garcia Attorney at Law, is on your side.


Our investigations leave no stone unturned, ensuring that every possible defense is explored. With our experienced legal professionals, you can be confident that your future is in capable hands.

Contact Our Murder Defense Lawyers in Northern CA Today

Being accused of murder is one of the most devastating charges anyone can face. The stakes are incredibly high, and your freedom and reputation are on the line. You deserve experienced and compassionate legal representation to protect your rights and fight for your future.

At Jesse J. Garcia Attorney at Law, we believe the best strategies are often unique and tailored to each client's case. Our team thoroughly investigates every detail and explores every avenue to develop an effective defense strategy. We fight relentlessly to achieve the best possible outcome for you.

Don't leave your future to chance. Contact our Northern CA murder defense attorney today to schedule a consultation. Call us at  (510) 782-7580 or reach out online.

Let Us Help

Get information or ask for professional advice – call our team at 510-782-7580.