How To Beat An Attempted Murder Charge - Penal Code Sections 187, 664
How To Beat An Attempted Murder Charge - Penal Code Sections 187, 664 Facing an attempted murder charge in California is a daunting experience that can have life-changing consequences. The gravity of the situation demands a thorough understanding of the law and strategic planning to mount an effective defense. This blog post aims to provide insights on relevant California penal code sections for attempted murder, strong defense strategies, and the…
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When Can I Use 'Heat of Passion' As A Defense In My Murder Case?
When Can I Use 'Heat of Passion' As A Defense In My Murder Case? Dealing with criminal charges can be scary, especially when your freedom is on the line. If you're in a situation where you need to defend yourself legally, it's important to know what you can do. In California, there's the "heat of passion" defense, and it could make a big difference in how your case turns out.…
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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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In re Ferrell: Murder Conviction Reversed Due to Improper Jury Instruction
In re Ferrell: Murder Conviction Reversed Due to Improper Jury Instruction In the case of In re Ferrell, the court reversed the defendant’s murder conviction due to erroneous jury instruction regarding a legally invalid theory of murder. If you have been charged with murder or any serious crime, contact our attorneys at Wallin & Klarich to see if you may have been convicted due to improper jury instructions. If so,…
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Degrees of Murder: What’s the Difference?
Degrees of Murder: What’s the Difference? Murder is one of the most severe crimes in California, and the penalties for conviction often involve a lifetime in jail. However, the different degrees of murder can be confusing and complex, as your charges will often depend on the specific circumstances of your case and your intentions. Below, our attorneys explain the differences between the different degrees of murder. First-Degree Murder First-degree murder…
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SB 300: Possible Changes to California’s Felony Murder Law
SB 300: Possible Changes to California’s Felony Murder Law California’s Felony Murder Law The felony murder rule has been around for a long time. It provides that a person can be convicted of murder if a victim dies during the commission of a felony, even if the defendant didn’t intend to or have knowledge that he had killed someone. As long as you committed or aided in an inherently dangerous…
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People v. Sanchez (2022): Amended Laws Resulting in Reversed Convictions
People v. Sanchez (2022): Amended Laws Resulting in Reversed Convictions The California Court of Appeals reviewed the issue of whether the natural and probable consequences doctrine can prove an accomplice committed attempted murder relative to Senate Bill 775, which amended section 1170.95 of SB1437 in People v. Sanchez. In Sanchez, Mr. Sanchez was at a local park with his family when he was confronted by four men. The men threatened…
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People vs. Nieves: Death Penalty Sentence Overturned
People vs. Nieves: Death Penalty Sentence Overturned In an opinion issued May 3rd, 2021 the California Supreme Court overturned the death sentence of a mother who was convicted of killing her 4 children due to misconduct by the court during the penalty phase of the case. The Guilt Phase and The Penalty Phase The United States Supreme Court has set a two-step procedure for death penalty cases where the jury…
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If you were convicted under the Provocative Act Murder Rule you may not get relief under SB1437
If you were convicted under the Provocative Act Murder Rule you may not get relief under SB1437 On November 19, 2020, the California Court of Appeals affirmed (i.e. upheld) a prisoner’s murder conviction. The appellant in this case, prisoner Derrick Swanson, was involved in a robbery of a gas station in Long Beach, California in the 1990’s. After robbing the gas station attendant and firing a shot at the attendant…
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Changes to the Felony Murder Statute in California SB 1437
Changes to the Felony Murder Statute in California SB 1437 In 2018, the Legislature enacted Senate Bill No. 1437, which amended the felony murder statute to read that a defendant is only guilty of felony murder if he: actually killed the victim, directly aided and abetted or solicited in the killing, or otherwise acted with the intent to kill; or was a major participant in the underlying felony and acted…
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