ONE OF THE BEST DEFENSE LAWYERS TO DEFEND AN ACCUSATION OF HOMICIDE AND MANSLAUGHTER IN VISTA, ESCONDIDO, OCEANSIDE, SAN MARCOS, CARLSBAD , CARMEL VALLEY AND SAN DIEGO
Homicide is considered the most serious crime and brings about the harshest consequences. People can be charged with homicide for an intentional killing such as murder in the first or second degree.
Manslaughter is like a murder, but occurs without premeditation or malice, and usually arises out of reckless conduct, in the heat of the moment, for a death that resulted from a grossly negligent act, or an unreasonable use of force.
If you are charged with homicide in the state of California, you could face life in prison or even the death penalty. Therefore having an experienced and skilled homicide lawyer defend you is necessary.
Attorney David Pflaum is the right defender who will visit the crime scene, interview people, obtain reports and videos, hire experts and do what it takes to defend the case. Likewise, forensic experts will be retained to explore eyewitness identification, DNA, toxicology, psychology and other potential defenses to protect your rights.
In order to prove that a defendant is guilty of murder or manslaughter, the prosecution must prove that the defendant is guilty beyond reasonable doubt.
There are many defenses against a homicide or manslaughter charge that a criminal defense attorney can defend you with. Attorney David Pflaum will take all necessary steps to protect your rights and maintain your freedom.
Murder, California Penal Code Section 187
Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
Malice aforethought is a specific mental state that the prosecution must prove to convict a defendant of murder. Generally this requires a showing that the defendant willfully acted, knowing that the natural consequences of the act would be dangerous to human life. However, malice aforethought can also be established by showing that the circumstances surrounding the killing demonstrate the killer had an abandoned and malignant heart when undertaking the action to kill.
Murder is divided into two degrees of severity: first degree and second degree. The punishment for each degree varies depending on the circumstances of the killing; however, first degree murder generally is punished comparatively more harshly. First degree murder is punishable by either death, life in prison, or a term of twenty-five years to life in prison; whereas, second degree murder can be punished by a term of fifteen years to life in prison.
First degree murder can be established if the killing was done using explosives, a weapon of mass destruction, armor piercing ammunition, a firearm discharged from an automobile or poison. First degree murder can also properly be charged in instances where the killer was lying in wait for the victim, or tortured the victim, or if the murder was otherwise willful, deliberate and premeditated. Finally, first degree murder can be established if the killing took place during the commission or attempted commission of certain crimes. All other kinds of murders are second degree murders.
Manslaughter, California Penal Code Section 192
Manslaughter is the unlawful killing of another human; however, it is different from murder because the prosecution is not required to prove that the killer acted with malice. Under California law there are three types of manslaughter: voluntary, involuntary, and vehicular. Voluntary manslaughter is defined as a killing that occurs in the heat of passion as the result a sudden quarrel. Involuntary manslaughter is a killing that occurs during the commission of an unlawful act that is not a felony, or a killing that results from a lack of caution and prudence. However, when a negligent killing is the result of a traffic accident it can be charged as vehicular manslaughter.
The punishments for the different types of manslaughter differ greatly. Voluntary manslaughter is a felony and can be punished by a three, six, or eleven year prison sentence. Involuntary manslaughter is also a felony and is punishable by two, three, or four years in prison. But, vehicular manslaughter can be charged as a misdemeanor or felony and the punishment can range from probation to ten years in prison.
If you have been charged with murder or manslaughter call the Law Offices of David Pflaum, do not gamble with your life and freedom. You can afford to get your life and freedom back; we offer reasonable prices and offer payments plan if necessary.
Call today for a consultation
Vista – Escondido – Carlsbad – Fallbrook – Oceanside – Encinitas – Solana Beach – San Ysidro – Chula Vista – San Diego – Carmel Valley – Pacific Beach – Del Mar – San Marcos – El Cajon – La Costa – Leucadia – La Jolla – Mission Beach – Imperial Beach – North Park – Hillcrest – Rancho Santa Fe – Poway – North County – South Bay – Coronado – Miramar – Scripps Ranch – Rancho Bernardo – Ramona – National City – Santee – Mission Hills – Bonita – Point Loma
This page is also available in: Spanish