If you’ve been charged with murder or are under investigation for the death of another person, it’s crucial that you have a skilled and experienced criminal defense attorney on your side.
Murder cases often come with numerous legal and media-related challenges and the penalties and consequences of a conviction can be severe. With the right legal defense team, it may be possible to avoid a guilty verdict or have your case dismissed altogether.
Los Angeles criminal defense attorney Robert M. Helfend has more than four decades of experience representing clients facing some of the most serious charges, including murder.
If you’ve been accused of a homicide crime, Mr. Helfend and his team are available to talk to you today. Call 800-834-6434 for a free case evaluation.
Why trust the Helfend Law Group with your murder defense?
Murder charges are among the most serious criminal charges you can face. Many criminal law firms simply refuse to take them on, and they will often push their clients to take the "easy route" and accept a plea bargain from the state.
Every case is unique, and sometimes a plea is the right idea, but there are two main benefits to refusing a plea offer and going to trial:
- Proving Your Innocence - Obviously, right? A trial allows you to fully present your case, with all the evidence and witnesses that support your innocence. Accepting a plea deal often means admitting guilt and this evidence never seeing the light of day.
- Getting a Better Outcome - Plea deals are often offered to avoid the time and cost of a trial, but they don't always offer the best possible outcome. In many cases, a skilled attorney can have your charges reduced or dropped entirely by challenging the prosecution's case in court.
When it's time to go to trial, your attorney needs to be able to rise to the challenge to defend not only your freedom, but your life. Robert M. Helfend is a specialist in murder and homicide litigation. With decades of experience in the courtroom, Mr. Helfend has seen it all, and he is prepared to defend your case. By refusing to take the "easy route," Mr. Helfend ensures that each client gets the vigorous defense they deserve.
If you're facing murder charges, you need a defense attorney who is not afraid to take your case to trial.
What qualifies as murder in California?
Under California Penal Code 187, murder is defined as the unlawful killing of another person or with “malice aforethought,” or with knowledge and intent. Circumstances like reckless endangerment and intent to create great bodily harm can also be considered malice aforethought and lead to a murder charge. In California, murder can be charged in two ways:
- First-degree murder includes murders that are premeditates as well as felony murder. Felony murder occurs when a person is killed while a serious crime is being committed.
- Second-degree murder covers all other murders that don’t meet the criteria for first-degree murder.
Sentences for first-degree murder are generally more severe than for second-degree and can include 25 years to life in prison or lifetime imprisonment without parole.
What is the difference between murder and manslaughter?
Because malice aforethought, or the intent to kill, is necessary to constitute murder, the unlawful killing of another person without premeditation or malice is considered a separate offense, known as manslaughter.
Manslaughter often occurs as a result of reckless behavior or as a “crime of passion,” in an emotional outburst. Murder is considered a more serious crime and has harsher penalties. However, a manslaughter conviction can still result in a lengthy prison sentence.
Is it murder if I acted in self-defense?
In California, it is not against the law to use reasonable force for self-defense. Self-defense is one of the most widely recognized and commonly used legal defenses against murder charges.
If you killed another person while acting in your own defense, using no more than the necessary force, you are not guilty of murder under California law. Some important aspects of self-defense law in California that you should know are:
- Stand your ground – In California and other “stand your ground” states, you are not required to retreat from a situation in which your life is immediately and presently endangered. The stand your ground law allows for the use of deadly force, including the use of firearms.
- Castle doctrine – According to California’s Castle Doctrine, it’s within your legal rights to use deadly force against an intruder in your own home.
- Flannel doctrine – If you unnecessarily used deadly force in self-defense because you honestly believed that it was reasonable and necessary, then the Flannel Doctrine may be used in your defense.
- Initial aggressor – If you killed someone during a fight that you started, you can only claim self-defense if you made a good faith effort to stop the fight.
- Affirmative defense – When you argue self-defense, it means that you are admitting to having committed a crime, but that you did it to protect yourself from imminent danger. Claiming self-defense is not the same as a not guilty plea.
Can murder be a federal crime?
There are certain circumstances when murder is a federal crime. Murder violates U.S. federal law when:
- Someone is killed on federal property,
- Someone is killed on a public aircraft or at sea,
- The victim is a federal official,
- It occurs during the commission of a federal crime,
- A murder involves the use of the U.S. Postal Service or a federal agency,
- The internet is used in the commission of murder, or
- A murder occurs while crossing state lines.
While most murder cases fall under the jurisdiction of the state where they occurred, federal murder is investigated by federal law enforcement and prosecuted by the U.S. federal court.
If you’re under investigation or have been charged with federal murder, it’s essential that you seek help from a criminal lawyer who specializes in federal crimes. Robert M. Helfend has represented numerous clients facing federal charges, including federal murder, and knows how to navigate the aggressive and fast-moving federal legal system in order to find the best possible results for his clients.
What is the punishment for murder in California?
If convicted of murder, the sentence depends on the charge's degree and any special circumstances or enhancements.
Second-degree murder
The base sentence is 15 years to life in state prison. This means serving 15 years before parole eligibility.
However, this can increase:
- If the victim was a peace officer killed in the line of duty, and the defendant knew (or should have known), the sentence becomes 25 years to life. If the officer was intentionally killed with a deadly weapon, it can be life without parole (LWOP).
- If the murder involved shooting a firearm from a vehicle with intent to cause serious harm (e.g., a drive-by shooting), the minimum is 20 years to life.
Enhancements for second-degree murder
Various sentencing enhancements can add time:
- Firearm use: Personally discharging a gun causing death adds 25 years to life on top of the murder sentence.
- Gang-related murder: Can add 10 years or 15-to-life.
- Prior “strike” convictions: Murder is a strike. One prior strike can roughly double the sentence (e.g., 15-to-life becomes 30-to-life). Two prior strikes can lead to 25-to-life added or even LWOP.
First-degree murder
The base sentence is 25 years to life, meaning a minimum of 25 years before a parole hearing.
If special circumstances are proven, first-degree murder is punishable by life without the possibility of parole (LWOP) or death. Special circumstances include:
- Multiple murders.
- Murder for financial gain.
- Murder to avoid arrest or witness killing.
- Felony-murder (murder during certain felonies like robbery or rape, with intent to kill or reckless indifference).
- Gang-related murder (to further gang activity).
- Torture murder, lying-in-wait, or murder by poison.
If a special circumstance is found true, the only sentences are LWOP or death. California has a governor-imposed moratorium on executions, so a death sentence practically means an indefinite stay on death row. LWOP is a true life sentence with no parole.
Manslaughter and other homicide penalties
For comparison:
- Voluntary manslaughter (heat-of-passion or imperfect self-defense): A felony with a sentence of 3, 6, or 11 years.
- Involuntary manslaughter: Up to 4 years.
- Vehicular manslaughter: Can range from a misdemeanor (up to 1 year) to a felony (2, 4, or 6 years, or more if DUI is involved).
Parole and “life” sentences
A sentence of "15 years to life" or "25 to life" means the person can appear before the parole board after serving the minimum term (e.g., 15 or 25 years). Parole is not guaranteed and depends on rehabilitation, remorse, and public safety risk.
California has expanded parole opportunities:
- Youth offender parole: Offenders under 26 at the time of the crime may get a special parole hearing after a certain number of years (often 15, 20, or 25 years).
- Elder parole: Inmates aged 50 who have served 20 years may get a parole hearing (with some exclusions).
If sentenced to life without parole (LWOP), there is no routine parole review. Release is typically only possible through legal appeal, commutation, or a change in law.
Does murder have a statute of limitations?
A criminal statute of limitations sets a time limit on how long after a crime is committed that a case can be brought to trial. In California, there is no statute of limitations for murder. That means that you can be charged with murder regardless of how long it’s been since the alleged crime occurred.
Because evidence often deteriorates or witness testimony can be less reliable or harder to obtain the more time has passed, building a strong legal defense can present some additional challenges for older crimes. Defense attorney Robert M. Helfend works with experts and specialists who can help find new evidence to build the strongest possible defense.
Call the Helfend Law Group
If you or someone you love has been charged with murder your first step should be to hire an expert criminal defense attorney who specializes in homicide.
Prosecutors work hard to build their case and secure a conviction and you need a lawyer who can aggressively fight to defend your freedom. Los Angeles criminal defense attorney Robert M. Helfend has more than 40 years of experience fighting for clients in over 4,000 criminal cases. His attention to detail, client care, and expert legal skills have earned him a reputation as one of LA’s top criminal defense attorneys and honors from distinguished professional organizations including Lead Counsel, SuperLawyers, and the National Trial Lawyers Top 100 list.
By refusing to take the "easy route," Mr. Helfend ensures that each client gets the vigorous defense they deserve. If you're facing murder charges, you need a defense attorney who is not afraid to take your case to trial. Contact Robert M. Helfend today to discuss your options and start building a powerful defense - 800-834-6434.
