Fresno, California, Murder Defense Attorneys

Visalia, CA, Homicide Defense Lawyers

A homicide is the killing of one person by another person. A homicide may be intentional or accidental. In any situation in which someone dies — a shooting, a fight, the death of a child, an automobile accident while driving under the influence of alcohol — you, a family member, or loved one could be facing the rest of your life in prison — or in the worst situation, even death.

Murder Charges in California

In most homicides the accused person is charged with murder (Penal Code section 187). There are two degrees of murder: first degree and second degree (Penal Code section 189), both of which subject the accused to life in prison. If special circumstances are pled (Penal Code sections 190.2), the suspect is facing life in prison without the possibility of parole (LWOP), or the death penalty if the prosecutor so elects.

The vast majority of murder cases go to a jury trial. The jury decides not only whether or not the accused is guilty, but the degree of the crime. If special circumstances are alleged, the jury decides whether they are true and whether the person should be punished with LWOP or the death penalty. In some cases, a jury may decide that a lesser crime of voluntary or involuntary manslaughter (Penal Code sections 192(a), 192(b)) is the appropriate finding, and the accused will not then be facing life in prison. Of course, the jury may also find the accused is not guilty because, for example, he acted in self defense, was excused or justified for some other legally recognized reason (Penal Code sections 195, 197), or the prosecution did not prove its case beyond a reasonable doubt.

Whatever the situation, only a very experienced and qualified murder defense attorney should ever handle a murder case. They are very complicated matters and require years of experience handling jury trials in other serious cases. In addition to a command of the law and the courtroom, murder cases require extensive investigation with a veteran investigator; forensic evidence expertise, such as medicine and pathology for cause of death and other key issues; DNA; ballistics; the ability of the attorney to lead the defense team, the use of the appropriate experts to assist in the defense; and many other fundamentals to a successful defense. Often, pretrial motions –including suppressing evidence on constitutional principles such as search and seizure law (Fourth Amendment to the United States Constitution; California Constitution, Article I, § 13), rules of evidence (for example, “hearsay” (Evidence Code § 1200 etc.; right to confront and cross-examine witnesses (Sixth Amendment to the Unites States Constitution; California Constitution, Article I, §15), or so-called Miranda rights violations (Miranda v. Arizona (1966) 384 U.S. 436) — set the stage for the trial that increases the potential for a satisfactory result at trial.

The Complexities of Murder Charges

Did you know that you could be charged with murder if someone else kills somebody? For example, you drive a friend to the bank, and while there, he tries to commit a robbery (Penal Code §211) and kills a teller in the process (Penal Code §189). Or, you are driving a car and your passenger pulls out a gun, fires it at a house (Penal Code § 246) and kills someone. As driver of the car in these situations, you could be charged with murder. These are examples of what is called felony murder in the first instance, and aiding and abetting in the second – they are both legal theory ways by which the government can charge you with murder even though you neither killed anyone nor knew someone else was going to do so.

Did you know you could be charged with murder if you accidentally cause someone’s death? If someone is killed in a car accident when you were driving under the influence of alcohol or drugs, you could be charged with murder (Penal Code §187, 188, 189) [or Gross Vehicular Manslaughter (Penal Code §192.5(a)), or Vehicular Manslaughter (Penal Code § 192.5(b)]. This type of murder is derived from what is called implied malice – the law presumes you intended to kill when you got behind the wheel of that car when you were under the influence of alcohol. In other words, you should have known better. [There are many other situations like this for which you could be charged with murder or manslaughter.]

At Hammerschmidt Broughton Law Corporation, we have extensive experience, knowledge, and qualifications to handle any homicide case. We have an impeccable reputation with prosecutors, judges, and the legal community. No one fights harder for clients than we do; no one has more skill or know-how derived from many years in the practice of criminal law. We have tried dozens of murder cases, including death penalty cases. Mr. Broughton is regularly appointed to special circumstances murder cases by the Fresno Superior Court, and has obtained outright acquittals in a several first degree murder cases, including special circumstance murders. These clients are now happily reunited with their families and living productive lives, rather than rotting in a prison cell waiting to die.

We have represented clients charged with all types of homicides, including the following:

Felony murder, such as rape-murder (Penal Code §§261/187)
Murder during the course of a robbery or burglary (Penal Code §§ 211,459/460)
Multiple murders (Penal Code § 190.2)
Gang-related shootings (Penal Code §§ 186.22(b) [enhancements], 186.22(a) [active participation in criminal street gang])
Assaults
Drive-by type cases mentioned above

We have developed a niche in the area of child death cases (Penal Code § 273a, 273ab) in which we have represented parents, babysitters, and other caregivers accused of causing the death of a child, in cases such as unexplained accidental death, “shaken-baby-syndrome” matters, head and other traumas causing death, as well as abuse and neglect situations. Another specialty area is alcohol-related vehicular manslaughter and murder cases.

Contact a Murder Defense Lawyer

When your life, or the life of your son or daughter or other family member is on the line, you want the best. You want someone who understands. You want someone who is committed to you and who will represent you with commitment and compassion. You want someone who will fight for you at every turn and someone who has what it takes to give you the best defense available. Contact Hammerschmidt Broughton Law Corporation to learn more about our murder defense services, and to schedule a no-cost consultation regarding your case.