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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Attempted Murder Without Intent (PC 664)
Attempted Murder Without Intent (PC 664) Criminal cases often deal with the mindset of the defendant. What was that person thinking at the time when the crime was allegedly committed? What were they feeling? Did they voluntarily act upon those feelings? This is the case with attempted murder. In order to be convicted of attempted murder under PC 664, one key element that the prosecution must prove is that you…
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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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Enhancements to Attempted Murder Charges (PC 664)
Enhancements to Attempted Murder Charges (PC 664) Attempted murder is one of the most serious crimes you can be accused of in the state of California. This crime carries severe consequences that could destroy your freedom. An attempted murder conviction could threaten your life forever, but it could carry even harsher penalties under certain circumstances. For instance, you could face 25 years to life in prison if you are alleged…
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Can You Be Convicted of Murder if You Didn’t Actually Kill Someone?
Can You Be Convicted of Murder if You Didn’t Actually Kill Someone? When you think of murder, you probably think of a physical act that intentionally kills someone. That is often how murder is portrayed in television and movies. But what happens if you killed someone on accident? What if you never actually touched the victim? Could you be charged with murder? Man Accused of Murder after Another Man Shoots…
Read MoreThe Elements of a Killing: How Malice Separates Murder from Manslaughter in California
The Elements of a Killing: How Malice Separates Murder from Manslaughter in California Mark Twain once observed that while all animals kill, “man is the only one… that kills in malice.”1 While the end result of any killing is the same—death—there is something different about a killing accompanied by a malicious mental state. This idea, that a killing is somehow affected by the thoughts and beliefs in the killer’s mind,…
Read MoreRapper Bobby Shmurda Facing “Shmurda” Charges. What’s Next?
Rapper Bobby Shmurda Facing “Shmurda” Charges. What’s Next? If you are a hip-hop fan, you may have been surprised when Ackquille Pollard, aka “Bobby Shmurda,” was arrested in New York City recently. Shmurda is facing charges of some of the very same crimes he’s rapped about. James Essig, head of the NYC police unit that made the arrest, said that Shmurda’s lyrics are “almost like a real life document of…
Read More10 Ways Murder Becomes a Federal Crime
10 Ways Murder Becomes a Federal Crime Under the Constitution, criminal law is mostly handled by individual states. If you are accused of murder committed in California, you will most likely be charged and tried under California’s laws. However, there are many circumstances in which killing someone can also break a federal law. In those instances, you can be tried in federal court. These cases usually involve killings that are…
Read MoreThe Crimes in Billy Madison are No Laughing Matter
The Crimes in Billy Madison are No Laughing Matter The film "Billy Madison" helped launch the career of one of the biggest movie stars of the last 20 years, Adam Sandler. The film, follows a twenty-something hotel heir named Billy Madison who has to repeat every grade in school to prove himself worthy of the responsibility of running his father’s business. Madison’s actions are seen as harmless and even endearing.…
Read MoreIs it Double Jeopardy to Charge a Crime at both the State and Federal Level?
Is it Double Jeopardy to Charge a Crime at both the State and Federal Level? “Double Jeopardy” is a protected right guaranteed by the Fifth Amendment to the United States Constitution and the California Constitution. It means that you cannot be prosecuted twice for the same crime. However, the concept of double jeopardy is not well understood. Many people believe that once you've been tried and acquitted upon the circumstances…
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