Can a Woman Be Charged For Murder For Overdosing on Methamphetamine in California?
Can a Woman Be Charged For Murder For Overdosing on Methamphetamine in California? Recently, the question confronting courts is whether the use of meth by a pregnant woman is reckless and deliberate enough to elevate the death of a fetus from manslaughter to murder? And if it is, does such a charge of murder create a slippery slope against other actions that may be considered ‘reckless and deliberate’ enough…
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Can someone be charged with First Degree murder if they never actually killed anyone?
Can someone be charged with First Degree murder if they never actually killed anyone? Did you know that you can be convicted of murder even if you never killed anyone?. The case of In In re McDowell indicates that in fact you can be charged and convicted of murder in certain situations. In the case of Donald William McDowell, Mr. McDowell and his accomplice broke into the home of a…
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California Penal Code 1170.95 Empowers Anyone with a Felony Murder Charge to Shorten Their Sentence
California Penal Code 1170.95 Empowers Anyone with a Felony Murder Charge to Shorten Their Sentence On September 30, 2018, the California Legislature passed Senate Bill No. 1437, which became effective January 1, 2019. This bill made changes to felony murder and murder under a natural and probable consequences doctrine. Before Senate Bill No. 1437, defendants could be charged with murder even if they were not the actual killer, did not…
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Felony Murder Conviction Upheld Because Defendant Acted with Reckless Indifference for Human Life
Felony Murder Conviction Upheld Because Defendant Acted with Reckless Indifference for Human Life In 2000, a man was convicted in San Bernardino for a home invasion robbery during which the man’s accomplice shot and killed a resident of a house. In 2005, the man was found guilty of first-degree felony murder and assault with a deadly weapon and was sentenced to 27 years to life. In 2018, the Legislature enacted…
Read MoreProp 57 May Not Apply To Juvenile Offenders Sentenced In A Trial Court
Prop 57 May Not Apply To Juvenile Offenders Sentenced In A Trial Court Defendant Jesus Lizarraga (“Lizarraga”) was 17 years old when he shot and killed a member of a rival gang. In 2014, Lizarraga was tried as an adult and was convicted of second degree murder. Lizarraga was sentenced to serve 40 years to life in state prison. Lizarraga appealed, but the appellate court affirmed the trial court’s judgment.…
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Social Media Companies May No Longer Refuse to Turn Over Relevant Information to Those Facing Criminal Charges
Social Media Companies May No Longer Refuse to Turn Over Relevant Information to Those Facing Criminal Charges In August 2020, the California Supreme Court sent a case for attempted murder back to the trial court to provide the accused a new trial. The high court did so because they did not believe that social media companies like Facebook and Twitter should always be able to refuse to comply with subpoenas…
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3 Ways Murder Becomes a Federal Crime
3 Ways Murder Becomes a Federal Crime Murder is a crime specified under Federal statute, at 18 U.S.C. § 1111, as well as the California Penal Code, 187(a) PC. Typically, murders committed in California are prosecuted by the state, but there are three categories of notable exceptions. A murder may be prosecuted as a Federal crime if: The murder falls under the crimes enumerated under 18 U.S.C. Chapter 51 Homicide…
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California Courts Fighting to Keep the Old Felony Murder Rule
California Courts Fighting to Keep the Old Felony Murder Rule In recent years, Californians, through the Governor’s office and the state legislature, have pushed for a number of criminal justice reforms. However, a few courts in southern California aren’t ready to give up on an old rule that has an estimated 800 inmates stuck in prison on murder charges for killings they did not actually commit. It is called the…
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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…
Read MoreWill California Change the Felony Murder Rule? (PC 189)
Will California Change the Felony Murder Rule? (PC 189) Under California Penal Code Section 189, you could be convicted of murder for any killing that occurs while you are committing any dangerous felony, such as kidnapping, arson or carjacking. This is called the “felony murder rule,” and it makes all persons involved in the commission of the crime culpable for a killing during the commission of a dangerous felony, regardless…
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