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Your California Homicide Defense Lawyers
At My Criminal Defense, we have a team with a proven track record of protecting clients accused of the most serious crimes. Our very own Tony Vieira, former Los Angeles County Deputy District Attorney, prosecuted homicide cases and helps strategize on every homicide case in our office, so we know how law enforcement and prosecutors put together a case and we know how to defend against them.
What is Homicide?
The deliberate and unlawful killing of another human being.
There Are Four Categories Of Homicide
Murder
First Degree Murder The willful premeditated killing of another human being
Second Degree Murder The killing of another human being with a depraved indifference toward human life
Manslaughter
Voluntary Manslaughter The voluntary killing of another human being while in the heat of passion.
Involuntary Manslaughter The killing of another human being as a result of criminal negligence. (Typically vehicular manslaughter)
To prove the crime of First Degree Murder, the prosecution must prove beyond reasonable doubt that the defendant:
1. killed another human being.
2. Specifically intended to kill another human being.
3. The killing did not involve the legitimate exercise of self defense or the defense of others.
To prove the crime of Second Degree Murder, the prosecution must prove beyond a reasonable doubt that the defendant :
1. Killed another human being.
2. Was indifferent and callous toward the victim
3. The killing did not involve the legitimate exercise of self defense or the defense of others.
To prove the crime of Voluntary Manslaughter, the prosecution must prove beyond a reasonable doubt that the defendant:
1. Killed another human being.
2. That he killed the person while he was “in the heat of passion.”
3. That he killed the person and did not have the right to use legitimate self defense or the defense of other persons.
To prove the crime of Involuntary Manslaughter, the prosecution must prove beyond a reasonable doubt that the defendant:
1. Killed another human being.
2. That he was criminally negligent.
3. That his criminal negligence was the proximate cause of the death of the victim.
Usually in vehicular or car homicides, the prosecution must show that the defendant was not only driving negligently, but that his negligent driving was the proximate cause of the vicitm’s death.
Defenses to Homicide Cases
At MyCriminalDefense we use only the most experienced and skillful attorneys to represent persons accused of homicide crimes. Our attorneys have litigated a substantial number of homicide trials to a successful jury verdict. Our homicide attorneys put together a team of investigators and experts to examine the evidence of each homicide case to identify the potential defenses that can successfully defend our clients.
We start our homicide defense at the pre-arraignment stage of the homicide investigation before the District Attorney has made a decision as to whether or not to file a homicide case against our client. Our team of homicide attorneys, investigators and experts who have substantial experience working together to identify and collect evidence of self defense or misidentification or some other legitimate defense to the homicide put together sworn statements from eyewitnesses, prepare diagram of the alleged crime scene, take videos and photographs of other suspects and the crime scene. Once we have completed our preliminary homicide investigation, the senior attorney meets personally with the Deputy District Attorney assigned to the homicide investigation and presents our preliminary homicide report. We use our greatest efforts to persuade the Deputy assigned to the homicide investigation that our defense investigation has raised at least a reasonable doubt as to our client’s suspected involvement and that the DA should reject the filing of charges against our client. If our homicide report raises a reasonable doubt, the DA has a sworn duty to reject the case against our client.
If the DA disagrees with the findings of our homicide report, we have laid a foundation to defend any homicide charges, whether they are murder or manslaughter, and continue gathering additional evidence and preparing additional expert forensic reports with the hope of persuading the DA to dismiss the homicide charges.
Sometimes, the DA will not dismiss the charges after we have submitted overwhelming proof of reasonable doubt. At this point, our senior homicide attorneys use the excellent defense foundation that we have already completed and prepare a successful defense at a jury trial.
Our senior homicide defense attorneys have litigated over 400 criminal cases to a successful jury verdict. Our early start in preparing our client’s defense often gives us a crucial advantage over the prosecution who often does not even begin preparing its own case until only a few weeks before the assigned trial date.
IF YOU ARE BEING INVESTIGATED OR HAVE ALREADY BEEN CHARGED IN ANY HOMICIDE CASE, CONTACT MYCRIMINALDEFENSE AT YOUR EARLIEST OPPORTUNITY TO SET UP A FREE AND CONFIDENTIAL CONSULTATION SO WE CAN BEGIN PREPARING A SUCCESSFUL DEFENSE IN YOUR CASE. PLEASE CALL US TODAY!
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