There are three ways that first degree murder can be charged in California.
When you think of the crime of murder, you may be confused — what exactly does it mean to be charged with murder?What is the difference between the degrees of murder? Are there different punishments for different types of murder?
In California, the difference between the types of murder largely comes down to intent. First degree murder is the most serious murder charge, and is most often charged when someone deliberately or intentionally murders someone, usually by planning it in advance. It may also be charged when someone commits felony murder, which occurs when a person is killed during the commission of a certain inherently dangerous felony.
First degree murder may also be called capital murder in some cases, because some first degree murders are punishable by either capital punishment (the death penalty) or a sentence of life imprisonment. Capital murder applies to a number of first degree murders that usually involve either specific victims or situations, such as:
- Murdering a witness to prevent him or her from testifying
- Murdering a police officer, firefighter, judge, juror, prosecutor or elected official
- Murdering someone for profit
- Murdering someone in a drive-by shooting
- Murdering someone for the benefit of a street gang
- Murdering more than one victim
These are just some examples of the first degree murder charges that are considered capital offenses. A murder defense lawyer in Fresno, CA can advise you if the prosecutor may charge your case as a capital murder charge.
There are three ways that a person can be charged with first degree murder: (1) killing someone willfully, deliberately, and in a premeditated fashion; (2) committing felony murder; or (20 using a destructing device or explosive or lying in wait or inflicting torture. Under the felony murder rule, first degree felony murder rule is only charged when certain felonies are committed, including arson, robbery, burglary, carjacking, kidnapping, torture, sex crimes, and other acts listed int he first degree murder statute.
To prove that a murder was committed, the prosecution must show that you committed an act that resulted in the death of another person, that you committed this act with malice aforethought, and that you killed this person without a lawful excuse or justification. A skilled murder defense lawyer in Fresno, CA can examine the facts of your case to determine if there are possible legal defense to a first degree murder charge, such as self defense or defense of others, an insanity defense, or that the killing was accidental and not a first degree murder.
If you have been charged with first degree murder, you will need a top-notch murder defense lawyer. In Fresno, CA, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com. Our attorneys will aggressively defend you against the charges, seeking a reduction or dismissal of the case whenever possible, and will pursue all potential legal and factual defenses. We will fight to protect your rights — and your freedom!
